September 14, 2000
Digest:
A judge may appear as moderator on a television public service program
concerning legal matters so long as the judge does not comment on pending
or impending proceedings; the activity does not interfere with the performance
of judicial duties; and the judge does not advance positions on controversial
matters.
Rule:
22 NYCRR 100.3(B)(8);
100.4(A)(3), (B);
Opinion 95-94 (Vol. XIII).
Opinion:
A judge asks whether it is permissible to appear as moderator on a public service program that airs on a local government access television channel. The program will focus on various aspects of the law including legal procedures, specific laws and legal rights. The judge will not be compensated for appearing on the program.
The Committee previously has advised that a judge may host a local weekly cable television program so long as the judge does not comment on pending or impending proceedings (22 NYCRR 100.3[B][8]); the activity does not interfere with the performance of judicial duties; and the judge does not advance positions on controversial matters. 22 NYCRR 100.4(A)(3), (B). See Opinion 95-94 (Vol. XIII). Accordingly, the Committee sees no ethical impediment to the extra-judicial activity contemplated in this instance.