Opinion 22-41

April 1, 2022

Dear :

This responds to your inquiry (22-41) asking if you may write a law review article “that would review statutory, regulatory and administrative efforts to address the intersection of domestic violence and child protection in NY and 3 other states.” You have stated that the article would not address any pending litigation or legislation but would discuss certain projects and programs in those states.

The Rules Governing Judicial Conduct permit a judge to “speak, write, lecture, teach and participate in extra-judicial activities,” subject to certain limitations (see 22 NYCRR 100.4[B]). For example, a judge is prohibited from making any public comment about a pending or impending proceeding in any court within the United States or its territories (see 22 NYCRR 100.3[B][8]).

In Opinion 20-136, the Committee advised that a judge may  write and submit an opinion article to a legal publication outlining what the judge considers flaws in an instrument that judges are currently required to use to assess the potential risk of re-offense (see also Opinions 14-165 [judge may publish an article about ongoing litigation involving discovery sought from a social media company; 13-06 [court attorney referee may write and edit the pocket part update for a commercially available for-profit legal publication and receive compensation]; 04-115 [judge may co-author an article with a practicing attorney who also is the judge’s spouse but should limit the content of the article to a review of applicable statutes and cases as opposed to litigation strategies, to avoid any appearance of partiality]).

Therefore, you may write a law review article reviewing statutory, regulatory and administrative efforts to address the intersection of domestic violence and child protection in New York and other states, provided you refrain from commenting on any pending or impending cases.

         Enclosed for your convenience are Opinions 21-71; 20-136; 14-165; 13-06; 04-115 which address this issue.

Very truly yours,

                                       Margaret Walsh

                                       Supreme Court Justice

                                       Committee Co-Chair

                                       Lillian Wan

                                       Supreme Court Justice

                                       Committee Co-Chair

Encls.