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, and the Honorable Lillian Wan, a court of claims judge and acting supreme court justice. 

This responds to your inquiry (20-147) asking whether you may participate in an exploratory committee formed by the Public Defender and the District Attorney to consider the possible creation of a district court system in your county. [1] Other committee members include the County Executive, the Director of Probation, the Sheriff, and a Legislator.

Absent specific factors creating the appearance of impropriety, it is ethically permissible for a judge to express an opinion on matters involving the law, the legal system, and the administration of justice (see 22 NYCRR 100.4[C][1], [2][a], and [3]). Accordingly, the Committee has previously advised that a part-time judge may publicly comment on the final report issued by a committee formed by the County Executive and chaired by the District Attorney addressing the feasibility of the creation of a District Court system in the county. Therefore, we similarly conclude that it is ethically permissible for you to serve on this balanced exploratory committee and provide input regarding the feasibility of a different court structure in your county.