January 23, 1997
Digest:
A part-time judge may publicly comment on a report issued by a committee
formed by the County Executive and chaired by the District Attorney concerning
the feasibility of the creation of a District Court system in the county.
Rules:
22 NYCRR 100.4 (B), 100.4(C)(1);
100.6 (B)(1) (Vol. V);
Opinion 90-16.
Opinion:
A part-time judge inquires if he/she may publicly comment on the final report issued by a committee formed by the County Executive and chaired by the District Attorney which addresses the feasibility of the creation of a District Court system in the county.
In Opinion 90-16 (Vol. V), the Committee advised that a part-time judge is entitled to express an opinion publicly as to the need for an additional judgeship, on the ground that the matter in issue concerns the law, the legal system and the administration of justice. Sections 100.4(C)(1) and 100.6(B) of the Rules Governing Judicial Conduct permit such an activity.
It therefore follows that a part-time judge may publicly comment on a report issued by a governmental committee addressing the feasibility of the creation of a District Court system in the county.