July 21, 2016
This responds to your inquiry (16-90) asking whether it is ethically permissible to respond to an inquiry from the Independent Judicial Election Qualification Commission regarding the qualifications of a candidate for judicial office in a different judicial district from your own judicial district.
The Committee has previously advised that a judge may respond to a request from a judicial screening panel or a selection or nominating committee, for information about a judge’s re-appointment or about a candidate’s qualifications for judicial office. Sitting in a different judicial district from the candidate does not inhibit your ability to comment provided you respond based on your personal knowledge of the candidate.
Enclosed, for your convenience are Opinions 08-160 and 07-130 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)