Opinion 16-106

July 25, 2016

Dear :

         This responds to your inquiry (16-106) asking if you may complete a Department of Social Services “Residency Verification” form which (a) requests strictly factual information concerning the names of all adults and children in the home; (b) requires the form be filled out by a professional who knows the applicant and his/her family; and (c) requires the signer to state his/her profession.

         The Rules Governing Judicial Conduct do not prohibit a judge from testifying as a fact witness. Accordingly, since you will be merely attesting to facts within your personal knowledge, it is ethically permissible for you to sign the verification form.

         Enclosed, for your convenience, is Opinion 12-10 which addresses this issue.

                                       Very truly yours,

George D. Marlow, Assoc. Justice

Appellate Division, First Dept. (Ret.)

Committee Chair

Enc.