May 6, 2020
This response to your inquiry (19-166) asking if you, a full-time judge, may participate in a local museum’s documentary film commemorating passage of an Amendment to the U.S. Constitution. The museum says the film will not be used for fund-raising.
Our prior opinions permit a judge to participate in a law-related documentary produced by a not-for-profit entity, where, as here, it will not be used for fund-raising purposes. Of course, all the usual limitations on judicial speech and conduct apply, including the public comment rule (see 22 NYCRR 100.3[B]).
Enclosed for your review are Opinions 18-48, 17-163/18-03/18-21, and 14-35.
Very truly yours,
George D. Marlow, Assoc Justice
Appellate Div., First Dept. (Ret)
Hon. Margaret T. Walsh
Supreme Court Justice