May 15, 2012
This responds to your inquiry (11-133) asking whether it is ethically permissible to attend a school orientation in order to explain to the students and their families the consequences of continued school absences. You indicate that you would not meet with any families or individual students or otherwise preside over an Attendance Court or any proceedings for truants.
It is ethically permissible for you to address students and their families at a school orientation as described above. However, it is impermissible to comment on any pending nor impending cases (see 22 NYCRR 100.3[B]) or render advice that would cast doubt on the court’s ability to be impartial (see generally 22 NYCRR 100.3).
Enclosed, for your convenience, are Opinions 09-79 and 98-141 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)