Opinion 13-31

July 9, 2013

Dear Judge:

         This responds to your inquiry (13-31) asking whether you may agree to be interviewed for an article in the local weekly newspaper about your background as a police officer, prosecutor and judge.

         A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and must always act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]).

         The Committee previously has advised that a judge may be profiled in a magazine targeting the legal community where the article will contain photos, a brief biography and the judge’s comments about his/her judicial duties (see Opinion 11-115) and may participate in a local newspaper interview about the judge’s tenure on the bench (see Opinion 09-83). However, the judge must adhere to all judicial speech limits, including the prohibition against commenting on pending or impending cases or indicating any predisposition as to how he/she would rule on a particular issue (see Opinion 11-115).

         I have enclosed a copy of Opinions 11-115 and 09-83 for your convenience. 

Very truly yours,

George D. Marlow, Assoc. Justice

Appellate Division, First Dept. (Ret.)

Committee Chair

Encls.