The New York Advisory Committee on Judicial Ethics has issued an opinion, numbered 25-146, stating that a judge may be a regular member of the National Council of Negro Women (NCNW), provided they do not assume a leadership position or become involved in the organization’s litigations.

The judge who inquired described the NCNW as “an organization like the NAACP.” The NCNW’s website states that it is a 501(c)(3) not-for-profit “organization of organizations” that aims to enlighten, inspire, and connect “more than 2 million women and men.” The NCNW also promotes education, entrepreneurship, financial literacy, and economic stability, educates women about health, promotes healthcare access, civic engagement, and advocates for sound public policy and social justice.

The Committee noted that judges must always act in a way that promotes public confidence in the judiciary’s integrity and impartiality, avoiding any appearance of impropriety, as stated in 22 NYCRR 100.2 and 100.2[A]. Judicial duties must take precedence over a judge’s other activities, according to 22 NYCRR 100.3[A], ensuring that extra-judicial activities are compatible with judicial office.

These activities must not cast reasonable doubt on the judge’s impartiality, detract from the dignity of judicial office, or interfere with the proper performance of judicial duties, as outlined in 22 NYCRR 100.4[A]-. Additionally, judges may not directly or indirectly engage in any political activity unless an exception applies, as per 22 NYCRR 100.5[A].

The opinion draws a parallel to the NAACP, stating that while a judge may be a member of a not-for-profit entity that engages in activities permissible for judges, as well as potentially controversial lobbying, advocacy, and litigation, they must not assume a leadership role or publicly associate themselves with organizational positions on matters of public controversy. The judge also should not become involved in the organization’s litigations.

The same analysis applies to the NCNW, allowing a judge to be a member but prohibiting them from assuming a leadership position, associating with its positions on public controversies, or becoming involved in its litigations.