Opinion 02-10

April 24, 2002

Digest:         A judge may write to a legislator to express his/her position with respect to proposed legislation that would grant peace officer status to a court officer.

Rule:            22 NYCRR 100.4(B);(C)(1); Opinions 96-41 (Vol. XIV); 99-158 (Vol. XVIII).

Opinion:

         A judge asks whether it is ethically permissible to write to a legislator to express his/her position with respect to proposed legislation that would grant peace officer status to a court officer.

         Pursuant to the Rules Governing Judicial Conduct, judges are permitted to speak about matters concerning the law, the legal system or the administration of justice. 22 NYCRR 100.4(B),(C)(1). In prior opinions, this Committee has concluded that a judge may send a letter to a legislator about legislation affecting retirement benefits for non-judicial employees of the Unified Court System (Opinion 96-41, [Vol. XIV]), and expressing concern about the impact a reduction in mental health staff would have on the courts (Opinion 99-158, [Vol. XVIII]), because these issues concerned the law, the legal system, and/or the administration of justice. For the same reason, the judge in the present inquiry may write to a legislator to express his/her position with respect to proposed legislation that would grant peace officer status to a court officer.