April 8, 2014
This responds to your inquiry (14-37) asking whether it is ethically permissible for you to write articles about Legal Procedure for quarterly publication in a local newspaper with limited circulation.
While the Rules Governing Judicial Conduct allow a judge to write about the law (see 22 NYCRR 100.4[B]), this extra-judicial activity must not interfere with a judge’s judicial duties, and the judge must not comment on pending or impending cases or express a bias or predisposition with respect to cases, controversies or issues likely to come before him/her (see 22 NYCRR 100.2[A]; 100.3[B] and ). Also, the articles should be consistent with the dignity of judicial office, and the judge should indicate he/she is not rendering legal advice on specific cases to the general public.
Accordingly, subject to these limits, you may write an article on Legal Procedure for a local newspaper. Enclosed, for your convenience, are Opinion 12-31 and Joint Opinion 90-123/90-133, which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)