The New York Advisory Committee on Judicial Ethics has issued an opinion addressing the participation of judges in a committee focused on jury diversification. The inquiry arose from a judge who is part of a committee formed to explore obstacles faced by jurors of color. This committee includes a diverse group of state and federal judges, court clerks, jury commissioners, prosecutors, and defense attorneys.
During ongoing discussions, some elected legislators expressed interest in joining the committee. The inquiring judge sought clarity on whether the inclusion of these legislators would pose any ethical conflicts for the judges involved.
According to the committee’s opinion, judges are generally permitted to participate in organizations aimed at enhancing the legal system and the administration of justice, as long as the composition of the group does not undermine the judges’ perceived impartiality. The committee found that the current makeup of the committee is balanced, featuring representatives from both prosecution and defense, which mitigates concerns over potential bias. The opinion indicates that inviting sitting legislators to the committee is unlikely to disrupt this balance.
However, the committee emphasized the importance of maintaining the integrity of the judicial role. To prevent any appearance of impropriety, it advised that legislators should refrain from using the names of judges or the fact that judges are part of the committee for political campaigning or partisan purposes.
The conclusion of the opinion permits judges to serve on the committee addressing jury diversification, while also advising caution regarding the use of judicial names in political contexts.
