On June 18, New York’s Committee on Judicial Ethics published Opinion 20-90, which states that “[a] judge may not oppose an elected federal official or candidate for non-judicial public office in an editorial opinion piece.”
The committee contemplated this issue after a judge asked if he/she may submit a letter “addressing the administration of justice” to a newspaper or bar association newsletter. The letter named and criticized a person holding a federal position who is up for re-election. Furthermore, the letter accused this official of undermining the rule of law and commented on a high-profile incident which will likely be litigated in the United States.
Every judge is guided by a Judicial Code of Conduct. According to New York rules governing judicial conduct, a judge must always avoid impropriety or even the appearance of impropriety, and must always act in a manner that promotes public confidence in the judiciary’s integrity and impartiality. A judge is allowed to participate in extra-judicial activities that involve speaking engagements, writing, lecturing, and teaching, but these activities must remain compatible with his/her duties as a judge. Generally, a judge should avoid engaging in any political activity, including publicly endorsing or opposing a candidate for public office.
As stated earlier, a judge is allowed to write an article. However, based on the judicial canons, New York’s Committee on Judicial Ethics concluded that a judge should not personally criticize or comment on a public official or candidate because it may undermine the public’s confidence in the judiciary. As a result, the Committee concluded that the judge must refrain from submitting the letter.
