The New York Advisory Committee on Judicial Ethics has issued an opinion addressing the ethical considerations for a judge co-chairing a bar association section. Opinion 25-120 clarifies the permissibility of a judge meeting with fellow co-chairs, who are also practicing attorneys, within the courthouse to plan Continuing Legal Education (CLE) programs for the bar association.
The inquiring judge sought guidance on whether it was ethical to hold these planning meetings in the robing room or other courthouse areas during court hours. The committee also considered the appropriateness of meetings in public areas of the courthouse, such as the law library. The opinion emphasizes that such meetings must not impede the judge’s official responsibilities.
The committee referenced several rules and prior opinions in its analysis. It cited the importance of judges avoiding any appearance of impropriety and upholding public confidence in the judiciary’s integrity and impartiality, as outlined in 22 NYCRR 100.2 and 100.2(A). The opinion also reiterated that a judge’s judicial duties take precedence over all other activities, as stated in 22 NYCRR 100.3(A). Extra-judicial activities must be compatible with judicial office and must not cast doubt on the judge’s impartiality, detract from judicial dignity, or interfere with judicial duties (see 22 NYCRR 100.4[A][1]-[3]).
The committee noted that judges are generally encouraged to participate in bar association activities aimed at improving the law and the administration of justice, referencing prior opinions such as 07-126.
Ultimately, the committee concluded that the judge may hold meetings with the section co-chairs in the robing room or other courthouse areas to plan CLE programs, provided these meetings do not interfere with the proper performance of judicial duties.
