Opinion 07-109

September 6, 2007

Digest:         A judge may advocate for passage of a bond resolution to fund a new court facility by writing an op-ed article for publication in the local press, by speaking at public informational forums before the vote, and by advocating publicly in favor of the need for the new court facility, as these activities concern the law, the legal system, and/or the administration of justice.

Rules:          22 NYCRR 100.4(C)(3); 100.4(C)(3)(b)(1); Opinions 03-38; 00-33 (Vol. XIX); 95-02 (Vol. XIII).

Opinion:

         The inquiring Town Justice has been serving on the Town Board’s Police/Court Facility Advisory Committee in the community where the judge presides. As a committee member, the judge has attended meetings and assisted in preparation of a feasibility study and report on the construction of a new police/court facility. The Town Board recently passed a bond resolution for the new facility, which will be the subject of a referendum vote. The judge asks if he/she may advocate for passage of the bond resolution by writing an op-ed article for publication in the local press, by speaking at public informational forums before the vote, and by advocating publicly for the need for the new court facility.

         Section 100.4(C)(3) of the Rules Governing Judicial Conduct allows a judge to be a member of or serve as a non-legal advisor to a governmental agency devoted to the law’s improvement, the legal system, or the administration of justice. This judge, therefore, may serve on the Town Board’s Police/Court Facility Advisory Committee. The judge may not, however, personally participate in soliciting funds or in other fund-raising activities (22 NYCRR 100.4[C][3][b][1]).

         This Committee previously has advised that a judge may serve as president of the board of directors of a library, but may not chair public meetings to obtain support for a bond proposition to fund a library expansion project as such activity would involve the judge in the personal solicitation of funds (see Opinion 00-33 [Vol. XIX]). For the same reason, the Committee also has advised that a judge may not encourage passage of legislation to appropriate funds for a library (see Opinion 95-02 [Vol. XIII]), or write a letter to a newspaper or make any other public statement in support of a ballot proposition that would secure funding for a library (see Opinion 03-38).

         Here, the judge seeks to advocate for passage of a bond resolution to fund construction of a new court facility that, according to the judge, will replace the grossly inadequate facilities in which the court currently operates. Unlike advocating funding for a library, the successful completion of a new court facility and the judge’s efforts towards that end will affect the law, the legal system, and the administration of justice (see 22 NYCRR 100.4[C][3]). Therefore, the inquiring judge may advocate for passage of a bond resolution to fund a new court facility by writing an op-ed article for publication in the local press, by speaking at public informational forums before the vote, and by advocating publicly for the need for the new court facility.