The New York Advisory Committee on Judicial Ethics has issued an opinion regarding the hiring practices of judges when considering student interns.
In Opinion 25-24, the committee addressed a scenario where a judge was evaluating a college student’s application for an unpaid summer internship. The student, who received a positive reference from a professor, had also published several politically charged letters in a local newspaper, including one that supported a specific politician and expressed concerns about the legal system.
The judge sought guidance on whether it was permissible to reference the student’s recent letter during the interview process, discuss the issue with the recommending professor, and consider the student’s public statements when making a hiring decision. The committee emphasized that judges must maintain the integrity and impartiality of the judiciary, as mandated by rules governing judicial conduct.
According to the opinion, judges are required to avoid any appearance of impropriety and ensure that political relationships do not influence their judicial conduct. They are also restricted from engaging in political activities, except under certain conditions. The committee clarified that the decision to hire a student intern is largely at the judge’s discretion and does not typically raise ethical concerns, especially in the context of unpaid internships.
The committee affirmed that judges have the authority to inquire about relevant issues related to a potential intern’s suitability, including discussing the candidate with the referring professor and evaluating all pertinent factors. However, judges must adhere to general restrictions on speech and conduct to maintain public confidence in the judiciary.
Should the judge opt to hire the student, the opinion advises that the judge should inform the intern about the ethical limitations that apply during the internship, including rules on public commentary and political activity. Additionally, if any matters related to the intern’s pre-internship comments arise during the internship, the judge is required to insulate the intern from those issues and disclose this arrangement to the involved parties.
