The Committee on Judicial Ethics responds to written inquiries from New York state’s approximately 3,600 judges and justices, as well as hundreds of judicial hearing officers, support magistrates, court attorney-referees, and judicial candidates (both judges and non-judges seeking election to judicial office). The committee interprets the Rules Governing Judicial Conduct (22 NYCRR Part 100) and, to the extent applicable, the Code of Judicial Conduct. The committee consists of 27 current and retired judges, and is co-chaired by former associate justice George D. Marlow of the Appellate Division and Margaret Walsh, a family court judge and acting justice of the supreme court.
Digest: 1) The rules do not preclude a part-time judge from running for and serving as delegate to a state constitutional convention, provided governing law permits him/her to do so. (2) A judge may take a public position on whether a constitutional convention should be convened in an upcoming referendum, subject to certain limitations. (3) A judge may lecture on historical constitutional conventions and procedures. (4) As no constitutional convention has been approved or scheduled at this time, questions concerning permissible campaign activities for a judge who wishes to become a constitutional delegate are hypothetical and premature. NY Const art VI, §20(b)(1); art XIX, §2; Judiciary Law §212(2)(l); 22 NYCRR 100.2; 100.2(A); 100.3(A); 100.3(B)(8); 100.4(A)(1)-(3); 100.4(B); 100.5(A)(1); 100.5(A)(1)(iii); 100.5(B); 101.1; Opinions 16-60; 15-188; 15-125; 13-158; 09-244; 98-23; 96-146.
