October 10, 2014
PERSONAL AND CONFIDENTIAL
This responds to your inquiry (14-135) asking whether you may engage in certain extra-judicial activities in support of the passage of a bond to fund a City project to upgrade the local court facility where you preside. Specifically, you wish to appear at City Council meetings and on cable television to promote the project and to advocate for passage of a bond referendum to fund the project; to publicly advocate for votes approving the bond referendum to fund the project; and to be interviewed by local newspapers about the project and the need for upgraded facilities.
A judge may publicly advocate for improved court facilities as this is a matter concerning the law, the legal system and the administration of justice (see 22 NYCRR 100.4[C]). Accordingly, you may participate in these extra-judicial activities.
Enclosed, for your convenience, are Opinions 07-109 and 04-122 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)