The New York Advisory Committee on Judicial Ethics has issued an opinion stating that a full-time judge may not serve on the board of directors of an organization to which the judge may refer cases for mediation. The opinion, designated 25-92, addresses a query from a judge regarding potential service on the board of the New York Peace Institute.
The New York Peace Institute is a not-for-profit organization that offers mediation, conflict coaching, and restorative justice practices to New Yorkers involved in disputes, as stated on its website. The organization actively seeks referrals from various trial-level courts, including the court where the inquiring judge presides. Litigants are also expressly invited to request that their cases be referred to the Peace Institute for mediation services.
The Committee’s opinion references several rules and prior opinions to support its conclusion. It cites 22 NYCRR 100.2 and 100.2(A), which emphasize the importance of avoiding impropriety and promoting public confidence in the judiciary’s integrity and impartiality. It also references 22 NYCRR 100.4(A)(1)-(3), which states that a judge’s extra-judicial activities should not cast doubt on their impartiality, detract from judicial dignity, or interfere with their judicial duties.
While judges are permitted to serve as officers or directors of not-for-profit organizations devoted to improving the law, the legal system, or the administration of justice under 22 NYCRR 100.4(C)(3), this is subject to limitations. Specifically, a full-time judge cannot serve if the organization is likely to be involved in proceedings that would ordinarily come before the judge (22 NYCRR 100.4[C][3][a][i]) or regularly engaged in adversary proceedings in any court (22 NYCRR 100.4[C][3][a][ii]).
The Committee emphasized that previous opinions (e.g., Opinions 15-190; 11-44, 07-02, 02-91, 00-50) have consistently advised against a judge serving on the board of an organization or agency to which the judge directly or indirectly refers cases or litigants.
The current opinion reinforces this stance, citing Opinion 07-161, which specifically addresses dispute resolution centers. Because the New York Peace Institute solicits and accepts referrals from the inquiring judge’s court, the Committee concluded that the judge’s service on the organization’s board of directors would be inappropriate.
