Opinion 03-106

October 27, 2003

Digest:         A judge may attend an anniversary celebration commemorating 5 years of service by a local senior citizens’ residence and health care facility.

Rules:          22 NYCRR 100.2

Opinion:

         A judge inquires concerning the propriety of attending an event commemorating 5 years of service by a local senior citizens’ residence and health care facility. A local Member of Congress and a municipal officeholder will be the guest speakers at the event. The facility is named after the mother of a fellow judge who happened to be a litigant before the inquiring judge several years earlier. Although the judge did not know the litigant, the judge disclosed to all parties the fact that the litigant was the mother of a fellow judge and presided over the matter after consent and remittal by all involved. The celebration is not sponsored by a political organization nor is the inquiring judge scheduled to be a speaker at the event.

         The fact that a local senior citizens’ residence and health care facility is named after the mother of fellow judge, who happened to be a litigant before the inquiring judge, and that local elected officials will be the speakers at the event do not create any appearance of impropriety which would preclude a judge from mere attendance at an anniversary celebration for the facility. 22 NYCRR 100.2.

         Therefore a judge may attend an event commemorating 5 years of service by a local senior citizens’ residence and health care facility.