Investigation opened into Judge Engoron’s ‘very disturbing’ conversation with lawyer on Trump affair

New York State Commission on Judicial Conduct investigates conversation between judge who supervised former president Donald TrumpThe civil fraud case and an attorney who wanted to discuss the case, according to NBC New York.

Attorney Adam Bailey, a real estate attorney whose law license was suspended, told the station he contacted Judge Arthur Engoron to offer unsolicited advice on the case three weeks before for Engoron to penalize Trump $454 million.

“I saw him in the corner (at the courthouse) and I told my client, ‘I have to go.’ And I walked over and we started talking…I wanted him to know what I think and why…I really want him to do things right,” Bailey told the outlet.

Bailey, who said he was not a fan of Trump, said he knew Engoron because he had appeared before him in court “hundreds of times” and said he had ” explained” that the law in this case should not be used to shut down a large business. business.

“He had a lot of questions, you know, about some cases. We looked into them,” Bailey said.

Bailey maintained he didn’t think the judge did anything wrong.

“We didn’t even mention the word Donald Trump,” Bailey said, but “obviously we weren’t talking about the Mets.”

The judge, through a court spokesperson, told NBC he was “absolutely not influenced” by Bailey.

“No ex parte conversation regarding this matter took place between Judge Engoron and Mr. Bailey or any other person. The decision rendered by Judge Engoron on February 16 was his own, was deeply considered and was absolutely not been influenced by this individual,” court spokesman Al Baker said. the catch.

Baker did not respond to questions from NBC about whether Engoron had engaged with Bailey or asked questions.

New York judges are prohibited from considering communications outside the presence of the parties in a case, but the rules allow an exception to “obtain the opinion of a disinterested expert” – if the judge in question informs the parties in the case and gives them a chance. answer.

The state commission is examining whether rules were violated in this case.

“The code doesn’t make an exception for ‘well, it was small talk’ or ‘well, it didn’t really affect me’ or ‘well, it’s not something that I, the judge, I found it important.’ Trump’s lawyer, Chris Kise, told NBC “No. The code is very clear.”

Retired New York appellate judge Alan Scheinkman told the outlet that if Engoron had “substantial dialogue” about the case, “it should be disclosed.”

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“The fact that this lawyer made these statements – unprompted – during a recorded television interview should raise serious concerns,” he said, calling Bailey’s allegations “very disturbing.”

Professor Bruce Green, director of the Center for Law and Ethics at Fordham Law School, told the outlet that ethics rules are not prohibited from discussing a law in the abstract.

“Judges don’t have to live in a bubble,” Green said. “Whether or not a hallway conversation between a judge and attorney is permissible depends on the conversation.”