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 (21-57) asking whether you may accept an invitation to speak as a guest lecturer for a criminal justice course offered through the Board of Cooperative Education Services (BOCES). You would only discuss procedural aspects of the law and would not discuss any pending or impending cases.

The Committee has repeatedly advised that a judge may lecture and teach on matters relating to the law and the administration of justice especially where, as here, the audience is a general one. However, the judge's participation is subject to certain limitations of speech and conduct, including the public comment rule. In addition, the judge must not make remarks which would cast doubt on their impartiality and must avoid any appearance of impropriety. Accordingly, it is permissible to be a guest lecturer to discuss criminal procedure in the court system, subject to these limitations.