A Town Justice’s Obligations Regarding Reporting Ordinance Violations

As a town justice, one may come across violations of town ordinances during small claims proceedings. It is important to understand the obligation to report such violations and the consequences of doing so.

Reporting Obligations

Contrary to what some might believe, a town justice is not required to report an ordinance violation that comes to their attention during a small claims proceeding. However, the judge may choose to do so in their sole discretion.

Consequences of Reporting

If the town justice chooses to report the violation, they may not preside over any resulting proceedings. This is to avoid potential conflicts of interest and ensure impartiality throughout the legal process.

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Originally Post From https://www.law.com/newyorklawjournal/2024/05/15/230887/

Judicial Ethics Opinion 23-120 in New York Law Journal