The Advisory Committee on Judicial Ethics responds to written inquiries from approximately 3,600 New York State judges and judges, as well as hundreds of judicial hearing officers, support judges, barristers, and judicial candidates (judges and non-judges seeking election to the position of Chief Justice). judicial). The Commission shall interpret 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 Her Excellency Debra L. Givens, Acting Judge of the Superior Court of Erie County, and the Honorable Lillian Wan, Associate Judge of the Appellate Division, Second Department.
digest: A judge may speak at a family shelter regarding the judge’s career path, life experience, and participate in distributing hygiene supplies to shelter residents.
opinion: The inquiring judge asks the full time whether it is morally permissible to participate in a charitable visit to a family shelter organized by individual court employees in their personal capacity on their personal time. Judge will speak to shelter staff and residents about Judge’s upbringing, his experiences as a “survivor of child abuse and witness to domestic violence” and his “path to legal education and judicial service.” The judge and court staff will also distribute hygiene kits to women and children residing in the shelter. [1]
A judge must always avoid even the appearance of impropriety (See 22 NYCRR 100.2) and must always promote public confidence in the integrity and impartiality of the judiciary (See 22 NYCRR 100.2[A]). A judge’s extrajudicial activities must be consistent with his or her judicial office and must not (1) cast reasonable doubt on the judge’s ability to act impartially; (2) diminution of judicial dignity; or (3) interference with the proper performance of judicial duties (See 22 NYCRR 100.4[A][1]-[3]). A judge may not personally participate in fund solicitation or other fundraising activities (See 22 NYCRR 100.4[C][3][b][i]They shall not lend or exploit the prestige of judicial office to advance private interests, raise funds, or seek membership (See 22 NYCRR 100.2[C]; 100.4[C][3][b][iv]). In addition, a judge may not comment on pending or impending matters in any court in the United States or its territories (See 22 NYCRR 100.3[B][8]).
Speaking at a non-fundraising event
We have advised that a judge should not participate in community efforts, “no matter how laudable, if the judge’s participation would interfere with his or her judicial duties, cast doubt on the judge’s ability to be impartial, or cause the judge to violate the rules.” (Judicial Conduct) Opinion 13-13), however, “we have recognized that society benefits from judges taking an active role in community affairs whenever possible” (Identification card.).
Where, as here, there is a charity event no Fundraiser A full-time judge may ordinarily attend and be a guest speaker, subject to generally applicable restrictions on judicial speech and conduct. For example, a judge must adhere to the Public Comment Rule (22 NYCRR 100.3[B][8]), and they must not “provide legal advice” or “promote a particular point of view or support one party in a particular class of issues” (Opinion 17-148). In fact, we have said that a family court judge may visit a domestic violence shelter, but when dealing with shelter occupants, the judge must refrain from discussing court-related or pending cases (See Fatwa 09-175).
Here, Judge suggests talking to family shelter staff and residents about Judge’s childhood, education, experiences with abuse and domestic violence, and his career. This is clearly permissible (See Fatwas 24-46 [speaking to not-for-profit civic or charitable organizations about judge’s experience on bench]; 23-133 [speaking about judge’s “experiences of racism/prejudice and secondary trauma”]; 23-92 [speaking to community groups about “judge’s professional career and judicial role” and other legal topics]; 19-09 [performing “a first-person story about his/her childhood or cultural background” where “the entity producing the event is a non-profit and the show is not a fund-raiser”]; 15-133 [speaking at consulate event about experiences as judge of particular gender and ethnicity]).
Accordingly, the inquiring judge may attend and speak about the judge’s career path and life experience, subject to generally applicable restrictions.
Distribution of hygiene supplies to shelter residents
Although the judge may not Petition Money or in-kind donations, there is nothing wrong with the judge to prepare Charitable donations in their name (See for example Views 23-58; 20-190; 04-140) or assistance in this distribution Donated items collected by others (See Views 17-55; 10-157). Likewise, we have advised that a judge may promote literacy by assisting in the distribution of previously donated books free of charge to the public, provided that the judge does not personally participate in any book sales drives or other solicitations (See Fatwa 23-101).
To the extent that the proposed event is not a fundraising event and involves only the distribution of toiletries by the judge and certain court personnel in their personal capacities, we conclude that the judge’s participation is ethically permissible. [2]
[1] We assume that toiletries were collected in advance by court staff and/or personally contributed by the judge.
[2] As a reminder, a judge may not make charitable donations In the name of the court They do not allow their court officials to do so (See Opinion 20-190), although the court may serve as a “mediator” in some circumstances (See Fatwa 23-132).
