Opinion 09-50

March 30, 2009

Hon.

Dear Justice :

         This responds to your inquiry (09-50) asking whether it is ethically proper for you to comment publicly on the vote of the Village Board to dissolve the Village Court, subject to a permissive referendum pursuant to local law.

         Pursuant to the Rules Governing Judicial Conduct, a judge may be a member, or serve as an officer, director or non-legal advisor of an organization or governmental agency devoted to the improvement of the law, the legal system or the administration of justice (see 22 NYCRR 100.4[C][3]). A fortiori, the Committee has determined that a judge may also publicly comment on matters involving the improvement of the law, the legal system or the administration of justice. Therefore, there is no ethical prohibition to making a public comment on the Board’s vote.

         Enclosed, for your convenience, are Opinions 07-109, 97-02 and 92-50 which address this issue.  

                                                           Very truly yours,

                                                           George D. Marlow

                                                           Justice of the Supreme Court

                                                           Committee Chair

Encls.