Opinion 89-68

May 25, 1989

Topic:          Town justice to write article for local weekly newspaper explaining new provisions of law involving fines and surcharges relating to vehicle and traffic matters.

Digest:         A town justice may write an article for a local weekly newspaper explaining new provisions of law involving fines and surcharges relating to vehicle and traffic matters, provided that the commentary does not cause doubt as to the justice's capacity to decide impartially any issues that may come before the justice.

Rules:          22 NYCRR 100.4

Opinion:

         A town justice inquires whether it is permissible to write an article for a local weekly newspaper, without remuneration, explaining the new surcharges on moving violation convictions with respect to motor vehicles, the new mandatory fines for unregistered and uninspected vehicles, and the importance of keeping motor vehicle registrations and inspections current.

         Section 100.4 of the Rules of the Chief Administrator of the Courts (22 NYCRR 100.4) provides that a judge, subject to the proper performance of his or her judicial duties, may engage in quasi-judicial activities, if in so doing the judge does not cause doubt as to the judge's capacity to decide impartially any issue that may come before the judge. A judge may speak, write, lecture, teach and participate in other activities concerning the law, the legal system and the administration of justice. Therefore, a town justice may write the type of article described in the inquiry for a local weekly newspaper, provided that the article does not cause doubt as to the justice's capacity to decide impartially any issues that may come before the justice. See also Committee Opinion 88-106.