The Advisory 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 the Honorable Margaret Walsh, a justice of the supreme court in Albany County, and the Honorable Lillian Wan, an associate justice of the appellate division, second department.

Digest: On these facts, as candidates for a non-judicial office have made the judge’s ethical obligations an issue in their election campaign and any attempt by the judge to correct the record will be readily perceived as partisan political activity, the judge must abstain from direct or indirect public comment on the situation.