October 7, 2016
This is in response to your inquiry (16-125) asking whether you may perform a marriage ceremony in another state.
Officiating at a wedding is not inherently unethical for a judge. However, a judge is required to respect and comply with the law (see 22 NYCRR 100.1). Whether you may officiate at a wedding in another state is a legal question, which the Committee cannot answer (see 22 NYCRR 101.1). Provided you do act in conformity with governing law, you may officiate at a wedding in another state without violating New York's Rules Governing Judicial Conduct.
Enclosed, for your convenience, are Opinions 16-86; 04-38/04-39; and 98-42 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)
Hon. Margaret T. Walsh
Family Court Judge
Acting Justice of the Supreme Court