Ethics Questions Arise in NY Courts Over Undisclosed Relationship

A recent report by Chris Bragg of New York Focus has brought to light potential ethical issues within the New York State court system.

The controversy centers on Queens Surrogate’s Court Judge Peter Kelly. According to the report, Judge Kelly did not disclose that his principal law clerk, Zachary Zayas, was in a romantic relationship and living with Cheryl Katz, a lawyer who was actively arguing cases before the judge.

Despite being aware of the relationship between his clerk and Katz, Judge Kelly reportedly issued rulings that favored Katz's client. He also continued to appoint her to new cases handled by his court.

Further complicating the situation are appointments made by Zachary Zayas’s father, Chief Administrative Judge Joseph Zayas. Judge Joseph Zayas recently appointed both Judge Kelly and Katz to advisory committees focused on Surrogate's Court matters, raising additional concerns about potential favoritism.

These circumstances appear to raise serious questions about compliance with judicial ethics rules, which require judges and their staff to avoid even the appearance of impropriety. The situation also highlights ongoing concerns about patronage within the state's judicial system.

The undisclosed relationship came to public attention through a specific case. Katz was representing Sean Hynes in a disputed inheritance matter against his sister, Shannon Hynes. Shannon Hynes reportedly uncovered the connection between Katz and the judge's law clerk via a private investigator.

Following the exposure of the relationship, Shannon Hynes requested that Judge Kelly step aside from the case. Judge Kelly granted the recusal, but only after the relationship had been revealed.