Opinion 16-149

December 14, 2016

PERSONAL & CONFIDENTIAL

Dear Justice :

         This responds to your inquiry (16-149) asking whether a judge may attend a free, non-partisan “meet the candidates” event, organized by a non-political community residents’ association, where all candidates for a particular office (i.e., both parties) will attend, speak and answer questions.

It is ethically permissible for a judge to attend a non-partisan candidate forum, subject to generally applicable limitations on judicial speech and conduct, including the public comment rule (see 22 NYCRR 100.3[B][8] [judge shall not make any public comment about a pending or impending proceeding]). Therefore, it is permissible to ask questions that do not give the impression that a judge is endorsing a particular candidate. Moreover, in attending the event, the judge must ensure that his/her conduct promotes public confidence in the integrity and impartiality of the judiciary (see 22 NYCRR 100.2[A]) and does not create the impression that the judge endorses or opposes a particular candidate or otherwise seeks to advance the interest of a political party or candidate (see 22 NYCRR 100.5[A][1]).

         Enclosed, for your convenience, are Opinions 08-05; 97-29 and 90-177 which address this issue.

                                                 Very truly yours,

                                                 George D. Marlow, Assoc. Justice

                                                 Appellate Div., First Dep’t (Ret.)

                                                 Committee Co-Chair

Hon. Margaret T. Walsh

                                                 Family Court Judge

                                                 Acting Justice, Supreme Court

                                                 Committee Co-Chair

Encls.