Opinion 09-26

February 19, 2009

Dear Justice :

         This responds to your inquiry (09-26) in which you ask whether it is permissible to participate as the justice in a mock summary jury trial which will be presented by the [ ] County Bar Association as a CLE.

         A judge may speak, write, lecture, teach and otherwise participate in extra-judicial activities subject to certain restrictions (see 22 NYCRR 100.4[B]). Accordingly, the Committee has previously determined that there is no ethical prohibition to a judge presiding over a mock trial provided the judge does not discuss pending or impending cases and the presentation is not used as a means to promote a particular point of view or support a particular side.

         Enclosed, for your convenience, are Opinions 05-134 and 89-66, which address this issue.

                                                 Very truly yours,

                                                 George D. Marlow

                                                 Justice of the Supreme Court

                                                 Committee Chair

Encls.