Opinion 02-94

September 12, 2002

Note on terminology: This Opinion uses the term "town council" as a synonym for "town board."

Digest:         A part-time town justice may attend a public meeting held by a town council to speak about a proposal to replace two part-time justices in the town court with one full-time justice and one part-time justice.

Rule:            22 NYCRR 100.4(A), (B); Opinions 90-16 (Vol. V); 90-181 (Vol. VI); 97-02 (Vol. XV).

Opinion:

         A part-time town justice asks whether it is ethically permissible to appear before a town council during a public meeting to speak about a proposal to replace two part-time justices in the town court with one full-time justice and one part-time justice.

         Pursuant to the Rules Governing Judicial Conduct, a judge may speak, write, lecture, teach and participate in extra-judicial activities that do not (1) cast reasonable doubt on the judge’s capacity to act impartially as a judge; (2) detract from the dignity of judicial office; and, (3) interfere with the proper performance of judicial duties and are not incompatible with judicial conduct. 22 NYCRR 100.4(A), (B). The Committee has previously concluded that a part-time judge may publicly express an opinion about the creation of an additional judgeship [Opinion 90-16 (Vol. V)]; a plan to expand the duties of the county district attorney’s office from part-time to full-time [Opinion 90-181 (Vol. VI)]; and, a report issued by a committee formed by the County Executive and chaired by the District Attorney concerning the feasibility of the creation of a district court system in the county [Opinion 97-02 (Vol. XV)].

         In each of these circumstances, the judge was commenting on matters concerning the law, the legal system and the administration of justice. Because the subject matter in the present inquiry also involves such matters, it is the Committee’s opinion that the judge may appear before a town council during a public meeting to speak about a proposal to replace two part-time justices in the town court with one full-time justice and one part-time justice.