Opinion 23-09

February 2, 2023

Digest:         A judge, as the editor of a legal manual used by judges, court personnel, defense attorneys, prosecutors, law enforcement and others, may dedicate the manual to “hard-working individuals that uphold our Criminal Justice System.”

Rules:          22 NYCRR 100.2; 100.2(A); 100.4(A)(1)-(3); 100.4(B); Opinion 13-123.

Opinion:

       The inquiring part-time justice is the editor of certain reference manuals used by the town and village courts, providing basic information on statutes in specified areas of criminal law. According to the inquirer, the manuals are a compilation of statute numbers, titles and possible penalties, and are frequently used by judges, prosecutors, defense attorneys, court clerks, law enforcement officers and others as convenient, shorthand references. The inquiring justice asks if they may permit the publisher to include the following dedication in the manuals: “Dedicated to hard-working individuals that uphold our Criminal Justice System.”

       A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and must act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]). A judge may engage in extra-judicial activities, including writing, as long as doing so does not (1) cast doubt on the judge’s capacity to act impartially as a judge; (2) detract from the dignity of judicial office; or (3) interfere with the proper performance of judicial duties and is not incompatible with judicial office (see 22 NYCRR 100.4[A][1]-[3]; 100.4[B]).

       Where a judge has written a permissible law-related book, we have nonetheless advised that “the title of the book must also be appropriate” (Opinion 13-123). That is, “a judge must strive to avoid not only the reality, but also the appearance, that he/she is aligned in interest with law enforcement” (id.). For this reason, we said that a judge may not use a title for their law-related book that suggests that the book is a guide for law enforcement, but instead must use a title that “will not give the impression that he/she is giving impermissibly partisan advice on litigation strategy or tactics” (id.).

       Here, too, the proposed publications, as described by the judge, are essentially compilations of statutes that frequently come before the local courts, without additional commentary. We see nothing about the described content that could be seen as improper.

       In our view, the proposed dedication to “hard-working individuals that uphold our Criminal Justice System” creates no appearance of impropriety. Indeed, as it applies equally to judges, court clerks, defense attorneys, prosecutors, law enforcement personnel, and any others who participate in criminal cases in their professional capacity, it shows no bias or partiality. Accordingly, the judge may ethically permit publication of the manuals with the proposed dedication.