Opinion 15-24

March 20, 2015

PERSONAL AND CONFIDENTIAL

Dear :

         This responds to your inquiry (15-24) asking if you may agree to be profiled in a local, bimonthly publication and featured on its cover. The article would address your legal career, current judicial position, personal life and possibly prior public service.

         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 has previously advised that a judge may be featured in a newspaper or magazine article. However, the judge’s participation may not interfere with his/her judicial duties, and the judge must adhere to all judicial speech limits, including the prohibition against commenting on pending or impending cases or making comments that would cast doubt upon the judge’s impartiality (see 22 NYCRR 100.3[B][8]; 100.4[A][1]).

         Enclosed, for your convenience are Opinions 13-31; 11-115; and 04-117 which address this issue.

                                       Very truly yours,

George D. Marlow, Assoc. Justice

Appellate Division, First Dept. (Ret.)

Committee Chair

Encls.