The New York Advisory Committee on Judicial Ethics has issued an opinion stating that a judge may not attend National Night Out Against Crime activities if they are sponsored by local police departments within the judge’s county. The opinion, designated 25-121, addresses a query from a full-time judge outside their window period who wished to participate in the event to foster community relations with law enforcement.
National Night Out Against Crime events typically feature crime prevention presentations for adults, activities for children, and opportunities for community members to interact with police leaders. The judge proposed attending solely as a community member but recognized the likelihood of being identified by law enforcement leaders or elected officials.
The Committee based its decision on several rules and prior opinions emphasizing the need for judges to avoid any appearance of impropriety and to maintain public confidence in the judiciary’s integrity and impartiality, as stated in 22 NYCRR 100.2 and 100.2(A). Judicial 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 also cited previous opinions, including 13-123, which states that judges must avoid even the appearance of alignment with law enforcement.
The Committee referenced several analogous situations where judges’ participation in law enforcement-related activities was deemed inappropriate. These included attending a human trafficking seminar sponsored solely by law enforcement (Opinion 17-04), holding a leadership position in a Boy Scouts Exploring Post administered by the local sheriff’s office (Opinion 24-55), and participating in a District Attorney-sponsored athletic event aimed at raising domestic violence awareness (Opinion 18-147).
Of particular relevance was Opinion 03-45, which addressed a judge’s inquiry about participating in a police “ride along” program available to all community members. The Committee concluded that such participation would violate the judge’s obligation to uphold the judiciary’s integrity and impartiality, regardless of the program’s public availability.
Applying similar principles, the Committee determined that the judge’s intention to attend National Night Out as a community member did not alter the analysis. Citing Opinion 16-85, the Committee noted that purported anonymity does not negate the ethical concerns. Therefore, the Committee concluded that the judge may not attend the event, as it is solely sponsored by law enforcement.
