Judicial Ethics Opinion 11-87

The Committee on Judicial Ethics responds to written inquiries from New York state's approximately 3,400 judges, who serve both full- and part-time. The committee's opinions interpret the Rules Governing Judicial Conduct (22NYCRR, Part 100) and the Code of Judicial Conduct. The committee, comprised of 26 current and retired judges and headed by former Justice George D. Marlow, also answers inquiries about proper campaign conduct from candidates for elective judicial office. The New York Law Journal publishes selected recent opinions of the committee.

Digest: (1) Unless a judge is required by law to perform marriages, a judge may adopt a policy of performing marriages for friends and relatives only or may decline to perform all marriages. (2) Whether a judge may adopt a policy with respect to performing marriages that distinguishes between same-sex and opposite-sex couples raises primarily legal questions; however, if a judge acts in conformity with governing law the judge will not violate the Rules Governing Judicial Conduct. Rules: Marriage Equality Act (L 2011, ch 95 as amended by L 2011, ch 96 [effective July 24, 2011]); Domestic Relations Law §§10-a-(1), 11(3); Judiciary Law §212(2)(l); Hernandez v. Robles, 7 NY3d 338 (2006); 22 NYCRR 101.1; 100.2; 100.2(A); 100.2(D); 100.3(A); 100.3(B)(1), (4); 100.4(A)(1); Opinions 09-34; 92-106 (Vol. X); Joint Opinion 04-38/04-39.