The New York Advisory Committee on Judicial Ethics has issued an opinion allowing part-time town justices to serve as critical incident stress debriefers for first responders outside their court jurisdictions. The opinion addresses a request from a town justice inquiring about the permissibility of providing emotional support to first responders following traumatic incidents.
The role of a critical incident stress debriefer involves assisting paid and volunteer firefighters, emergency medical personnel, and police officers in processing their feelings after distressing calls. This position requires specialized training in crisis intervention techniques and emphasizes emotional well-being rather than the specifics of the incidents.
The committee noted that judges must avoid any appearance of impropriety to maintain public confidence in the judiciary. According to the rules outlined in 22 NYCRR, judges must disqualify themselves from cases where their impartiality could reasonably be questioned. Additionally, their extra-judicial activities should not cast doubt on their ability to act impartially.
In previous opinions, the committee has permitted judges to engage in various roles that support first responders and the community, provided these activities do not conflict with their judicial responsibilities. For instance, judges have been allowed to serve on boards of non-profit organizations focused on training first responders in crisis situations and educating medical professionals on handling domestic violence cases.
While the advisory opinion permits part-time judges to serve as debriefers, it emphasizes the need for vigilance regarding potential conflicts between their judicial duties and external roles. Judges must disqualify themselves from cases involving individuals they have interacted with in their extra-judicial positions. The committee also highlighted that judges should refrain from public comments on ongoing or foreseeable legal matters.
Ultimately, the advisory committee has concluded that town justices can take on the role of critical incident stress debriefers outside their jurisdictions, as long as they adhere to existing ethical guidelines and maintain the integrity of the judicial system.
