Part-Time Judges May Co-Host Uncompensated Humanitarian Radio Show on Commercial Stations, NY Ethics Opinion Says
The New York Advisory Committee on Judicial Ethics has issued Opinion 26-35, clarifying the guidelines for part-time judges participating in outside activities. The opinion addresses a part-time judge's inquiry about co-hosting a weekly radio program focused on humanitarian work and quality of life matters.
The committee has determined that a part-time judge may serve as an uncompensated co-host for such a program, even if it airs on a commercial radio station. This is permissible as long as the judge does not endorse or promote the interests of any commercial sponsors.
The program in question, according to its website, aims to inform and entertain the public by sharing humanitarian information and ways to improve quality of life. It airs on commercial stations as part of a block of public service or community programming and does not solicit donations. While the co-hosts are volunteers, the program is commercially sponsored to cover production costs.
The opinion emphasizes that judges must always avoid the appearance of impropriety and act to uphold public confidence in the judiciary's integrity and impartiality. Extra-judicial activities must be compatible with judicial office, not casting doubt on impartiality, detracting from the dignity of the office, or interfering with judicial duties.
Judges are prohibited from lending their prestige to advance private interests or allowing others to imply special influence. Furthermore, judges cannot personally solicit funds or use their judicial prestige for fundraising.
The committee referenced previous advice stating that part-time judges may appear as legal commentators on television or online streaming, provided they do not discuss pending cases. They also noted that judges may participate in traditional news programs or talk shows, even on commercial stations.
The opinion concludes that the inquiring part-time judge's participation as a co-host is acceptable under these conditions, reiterating the crucial caveat that no endorsement or advancement of commercial sponsors' interests should occur.
