Opinion 02-118

December 5, 2002

Digest:         A judge may write a letter of recommendation at the request of a local bar association to assist the association in nominating an attorney for an award given by the New York State Bar Association where the judge has worked with the attorney on an attorney grievance committee and the attorney has appeared before the judge many times.

Rules:          22 NYCRR 100.2(c); Opinions 93-26 (Vol. XI); 93-129 (Vol. XI); 99-05 (Vol. XVII).

Opinion:

         A judge asks whether it is ethically permissible to write a letter of recommendation at the request of a local bar association to assist the association in nominating an attorney for an award given by the New York State Bar Association. The judge has worked with the attorney on an attorney grievance committee and the attorney has appeared before the judge many times.

         Section 100.2(C) of the Rules Governing Judicial Conduct provides in relevant part that, “No judge shall lend the prestige of his or her office to advance the private interests of others; nor shall any judge convey or permit others to convey the impression that they are in the special position to influence him or her.” This Committee has previously concluded that section 100.2(C) does not prevent a judge from writing a letter of recommendation that reflects a judge’s opinion of a person’s character or work history if the judge has worked with that person. Opinion 93-26 (Vol. XI. Thus, it has been determined that a judge may write a letter of reference on behalf of an attorney who appeared regularly in the judge’s court and who is seeking a promotion to a higher level academic position. Id. In subsequent opinions, this Committee has advised that it is permissible to write a letter nominating an attorney whom the judge has known for several years through bar association Activities for a position on the Commercial Panel of the American Arbitration Association [Opinion 93-129 (Vol. XI)], and a letter of reference on behalf of a professor applying for a stipend if the judge has personal knowledge of the activities of the individual in relation to the criteria established for granting the award. Opinion 99-05 (Vol. XVII).

         It is the Committee’s opinion, therefore, that it also is permissible for a judge to write a letter of reference in support of an attorney’s nomination for an award given by the New York State Bar Association, given the nature and extend of the professional contacts between the judge and the nominee.