Opinion 16-125

October 7, 2016

Dear :

         This is in response to your inquiry (16-125) asking whether you may perform a marriage ceremony in another state.

         Officiating at a wedding is not inherently unethical for a judge. However, a judge is required to respect and comply with the law (see 22 NYCRR 100.1). Whether you may officiate at a wedding in another state is a legal question, which the Committee cannot answer (see 22 NYCRR 101.1). Provided you do act in conformity with governing law, you may officiate at a wedding in another state without violating New York's Rules Governing Judicial Conduct.

         Enclosed, for your convenience, are Opinions 16-86; 04-38/04-39; and 98-42 which address this issue.

                                                 Very truly yours,

                                                 George D. Marlow, Assoc. Justice

                                                 Appellate Division, First Dept. (Ret.)

                                                 Committee Co-Chair

                                                 Hon. Margaret T. Walsh

                                                 Family Court Judge

                                                 Acting Justice of the Supreme Court

                                                 Committee Co-Chair

Encls.