The New York Advisory Committee on Judicial Ethics has issued an opinion clarifying the ethical guidelines for judges participating in non-commercial podcasts. Opinion 25-33 addresses whether a full-time judge may appear as an unpaid guest on a friend’s educational and humorous podcast.
The inquiry arose when a full-time judge expressed interest in joining a non-commercial podcast that features discussions on various topics, with the format involving speculation by the host and guest, followed by insights from an expert. The topics discussed are expected to be unrelated to the law, with potential subjects including scientific concepts and historical phenomena.
The committee emphasized that judges must maintain the integrity of their office and avoid any appearance of impropriety. According to the ruling, judges are prohibited from using their position to advance private interests and must not serve as active participants in any business entity. However, they are permitted to engage in extra-judicial activities, such as teaching and public speaking, provided these do not compromise their impartiality, dignity, or judicial responsibilities.
The committee confirmed that judges may participate in podcasts, adhering to the established limitations on judicial conduct. Specifically, a judge may recount personal experiences on non-commercial podcasts that are not sponsored by for-profit entities. The opinion also noted that judges can discuss topics related to New York legal issues or even fictional legal scenarios in genres like science fiction.
The opinion concluded that the judge’s participation in the podcast is permissible due to its non-commercial nature. The judge may publicly identify as a member of the judiciary during the episode, but the podcast should not use this status for marketing purposes or to promote any private interests. The judge is advised to ensure that the podcast host does not exploit their participation for broader promotional activities.
Furthermore, the committee cautioned that if the podcast transitions to a commercial format, the judge must seek additional ethical guidance before continuing to participate, to ensure compliance with judicial standards.
