Opinion 97-133

December 29, 1997

Hon.

Dear

         In response to your inquiry (97-133) the Committee is of the view that its opinion in Joint Opinion 96-143 et. al., answers your inquiry in that it would permit you to review the publication, New York Criminal Practice, Second Edition. That opinion, however, would not permit you to prepare a testimonial which would be included in a brochure used for marketing purposes. Further, Opinion 93-14 (Vol X) specifically states that, although a judge may write a book review, he or she may not provide a quote about a book for the purpose of its being used in the book jacket in conjunction with its sale. Such activity would involve a judge in the commercial and promotional aspects of marketing and, therefore is prohibited.

                                                                     Very truly yours,

                                                                     Thomas P. Flaherty

                                                                     Justice of the Supreme Court

                                                                      Co-Chair

                                                                     George D. Marlow

                                                                     Dutchess County Court Judge

                                                                     Co-Chair

/lf