November 17, 2009
This responds to your inquiry (09-187) asking whether it is ethically permissible for you to appear in one episode of a television series. The Rules Governing Judicial Conduct prohibit a full-time judge from being an “active participant in any business entity” (22 NYCRR 100.4[D]). Enclosed, for your convenience, are Opinions 99-86; 96-134; and 94-116, which address this issue. Please note that former Rule 100.5(c)(2) referred to in Opinion 94-116 has been replaced by Rule 100.4(D)(3).
Very truly yours,
George D. Marlow
Justice of the Supreme Court (Ret.)