Opinion 02-41

June 7, 2002

Digest:         A judge may publicly voice an opinion at local municipal board meetings and in letters to the editor concerning community matters that affect the judge’s personal interests, but may not express his/her opinion involving partisan political issues or controversial subjects that do not directly affect the judge’s interests; nor may the judge express his/her opinion in any manner that would detract from the dignity of judicial office or interfere with the performance of judicial duties.

Rule:            22 NYCRR 100.4(C)(1); 100.5; 100.6(B)(1); Opinions 89-129 (Vol. IV); 90-16 (Vol. V); 90-30 (Vol. V); 90-181 (Vol. VI); 92-21 (Vol. IX).

Opinion:

         A part-time town justice inquires if it is permissible for the judge to attend village, town, county or local school district board meetings and/or write letters to the editor concerning non-judicial matters in order to “... voice my opinion on matters as a resident and tax payer of the community as long as I do so as a private citizen and not as a town justice.”

         A judge is allowed to express his/her opinion publicly or before governmental boards on matters related to the law, the legal system or the administration of justice. 22 NYCRR 100.4(C)(1); 100.6(B) Opinions 89-129 (Vol. IV); 90-16 (Vol. V); 90-18 (Vol. VI). A judge may also speak before or write letters to municipal boards involving issues which affect the judge personally. This might include such issues as a zoning change that affects the judge’s real property, or the removal of junk vehicles. See, Opinions 90-30 (Vol. V); 92-21 (Vol. IX). However, the judge should not express his/her opinion involving political issues or controversial matters that do not directly affect the judge’s interests; nor may the judge express his/her opinion in any manner that would detract from the dignity of judicial office or interfere with the performance of judicial duties. Opinions 90-30 (Vol. V); 92-21 (Vol. IX); 22 NYCRR 100.5.