Digest: A judge should not answer questions in a survey if the answers involve (1) commenting on an impending case, or (2) using non-public information acquired in a judicial capacity for purposes unrelated to official judicial duties, or (3) expressions of a predisposition to decide matters in a certain way.
 

Rule:  22 NYCRR 100.2(A); 100.3(B)(8); 100.3(B)(10).
 
 

Opinion:

            A judge has received a lengthy survey from a state agency concerning "the so-called Willard Program, which is the popular name for a sentence to parole supervision as set forth in CPL §410.91." The judge is concerned that in responding the judge might be commenting on impending cases (in violation of section 100.3(B)(8) of the Rules Governing Judicial Conduct), or would be using non-public information acquired in a judicial capacity for purposes unrelated to official judicial duties, in violation of section 100.3(B)(10) of the Rules.

            If the judge concludes that either provision would be breached, then, of course, the judge should not respond to such questions. We also note that some of the questions seem to call for expressions of views which might be perceived to signify a predisposition to decide matters in a certain way. The judge should not respond to such questions. 22 NYCRR 100.2(A).