The New York Advisory Committee on Judicial Ethics has issued Opinion 26-16, addressing the ethical considerations for a part-time judge who is a former police officer.
The inquiry centers on whether the judge may participate, without compensation, as an interviewee and consultant for a commercially produced documentary. The documentary concerns a high-profile case from over a decade ago where the judge was the arresting officer, and the arrested individual was subsequently convicted and incarcerated. The judge confirms the homicide case is closed, with no related proceedings anticipated.
The committee referenced prior guidance allowing full-time judges to participate in similar documentaries, provided the case is concluded, and no related proceedings are pending. This guidance mandates adherence to general limitations on speech and conduct, cautioning against remarks that could raise doubts about impartiality.
The opinion focuses specifically on the part-time judge’s situation, as the inquiry involves uncompensated work. The committee’s conclusion permits the part-time judge’s participation, provided the case is closed and no related proceedings are pending. The judge must still adhere to general limitations on speech and conduct. The opinion does not address whether a part-time judge may be compensated for such work.
