Opinion 87-05

November 12, 1987

Dear Mr.

         The Advisory Committee on Judicial Ethics, at its meeting on November 9, 1987, considered your inquiry of October 30, 1987, on behalf of Judge as to (1) whether he may appear, under subpoena, as a character witness in a pending Federal court action in which the judge has no interest, and (2) whether he may discuss with the defense attorney in advance of trial his probable testimony.

         The Committee answered both questions in the affirmative.

         The foregoing response is based solely upon the information submitted and the representations set forth in your inquiry. It shall have no effect as a precedent insofar as any other state of facts is concerned.

                                                                     Very truly yours,

                                                                     Samuel J. Silverman