February 6, 2009
Dear Justice :
This responds to your inquiry (09-05) in which you ask whether it is permissible to appear on a radio program in which the participants will discuss the Rotary Club’s humanitarian and public service projects.
A judge may speak, write, lecture, teach and otherwise participate in extra-judicial activities subject to certain restrictions (see 22 NYCRR 100.4[B]). Given the restrictions you identify in your inquiry, i.e., that you will not be identified as a judge and no donations will be requested, there is no ethical prohibition to your appearing on the radio program.
Enclosed, for your convenience, are Opinions 93-23 and 88-167, which address this issue. Please note that these opinions refer to 22 NYCRR 100.5(a), which has been replaced by 100.4(B).
Very truly yours,
George D. Marlow
Justice of the Supreme Court