Judicial Ethics Opinion 16-46

New York Law Journal

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A judge who concludes that grave inconsistencies at the core of another judge's sworn testimony concerning his/her performance of judicial duties constitute perjury or intentional deception must report the witness-judge to the Commission on Judicial Conduct. Conversely, if he/she concludes the witness-judge did not deliberately testify falsely or intentionally attempt to mislead the court, then he/she has full discretion to take some other, less severe action appropriate to the circumstances.

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