Opinion 12-141

September 19, 2012

Dear Justice:

         This responds to your inquiry (12-141) asking whether it is ethically permissible for a judge to display on the judge’s vehicle a license plate that is issued by the New York State Department of Motor Vehicles and that indicates the vehicle registrant is a judge.

         A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2), and must always act to promote the public’s confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]). Therefore, a judge must not lend the prestige of judicial office to advance the judge’s private interests (see 22 NYCRR 100.2[C]).

         The Committee previously has advised that there is no ethical prohibition against a judge displaying a license plate on the judge’s car that identifies the judge as a member of a judge’s association (see Opinion 07-213). Similarly, the Committee now concludes that otherwise lawful display of a license plate duly issued by the New York State Department of Motor Vehicles is not rendered ethically impermissible merely because the license plate indicates that the vehicle registrant is a judge.

         I have enclosed a copy Opinion 07-213 for your convenience.

                                                 Very truly yours,

George D. Marlow, Assoc. Justice

Appellate Division, First Dept. (Ret.)

Committee Chair

Enc.