Opinion: 98-125
 
December 3, 1998
 
 
 
Digest:    A judicial decision that has been filed with the clerk of the court may be disseminated to the press, but without any comment by the judge or court personnel.
 

Rule:    22 NYCRR 100.3(B)(8)
 
 
 

Opinion:

            A judge asks the following question:

If a criminal case has been accepted for
publication by the State Reporter and is
not sealed, can the court submit a copy
of the decision to the press without being
requested by the press because the decision
involves issues in which the confidence of
the community in the justice system are
addressed? Could the decision be submitted
to the press after publication in the State
Reporter?
            In the opinion of the Committee, any distribution of the decision to the press may occur only after the decision is filed with the clerk of the court, at which point it may be deemed a public record comprising public information.

            The judge should be aware, however, that section 100.3(B)(8) of the Rules Governing Judicial Conduct, bars a judge from making "any public comment about a pending or impending proceeding in any court within the United States or its territories. The judge shall require similar abstention on the part of court personnel subject to the judge's direction and control." Thus, any dissemination of the decision to the press is to be without comment of any kind, either by the judge or court personnel.