The Advisory Committee on Judicial Ethics responds to written inquiries from New York state’s approximately 3,600 judges and justices, as well as hundreds of judicial hearing officers, support magistrates, court attorney-referees, and judicial candidates (both judges and non-judges seeking election to judicial office). The committee interprets the Rules Governing Judicial Conduct (22 NYCRR Part 100) and, to the extent applicable, the Code of Judicial Conduct. The committee consists of 28 current and retired judges, and is co-chaired by the Honorable Debra L. Givens, an acting justice of the supreme court in Erie County, and the Honorable Lillian Wan, an associate justice of the appellate division, second department.
Facts/Issue: A judge has been invited to speak at an annual dinner meeting of the League of Women Voters at which the chapter will elect new officers. The event is not a fund-raiser. As a guest speaker, the judge’s dinner would be free of charge. In response to the organizers’ initial suggestion, the judge has already declined to speak about the Equal Rights Amendment. However, the judge asks if he/she may speak generally about the state constitutional amendment process, the role of the branches of government, and their respective checks and balances.
Discussion: A judge may speak at a not-for-profit civic organization’s non-fund-raising event, subject to generally applicable limitations on judicial speech and conduct. For example, the judge must not comment on pending or impending proceedings in the United States or its territories, must avoid ex parte communications, and must avoid comments that could compromise public confidence in the judge’s impartiality. We understand that there is currently “pending or impending” litigation concerning the Equal Rights Amendment for purposes of the public comment rule (22 NYCRR 100.3[B][8]). However, the more general legal topics the judge proposes to address appear to be permissible.
Significantly, the dinner does not appear to be dedicated to passage of the Equal Rights Amendment; rather, it is the organization’s regular annual meeting to elect officers.
Conclusion: A judge may speak at the League of Women Voter’s annual non-fund-raising dinner, held to elect chapter officers, concerning the procedure for amending the state constitution. The judge may accept a customary complimentary dinner as guest speaker.
