Opinion 03-98

December 11, 2003

Digest:         A judge should not act as honorary chairperson of a special event sponsored by a local substance abuse agency that treats approximately half the litigants who appear in the judge’s court and who need treatment for substance abuse.

Rules:          22 NYCRR 100.4(A); 100.4(C)(3)(a)(i); Joint Opinion 00-101/00-104.

Opinion:

         A judge asks whether it is ethically permissible to act as honorary chairperson of a special event sponsored by a local substance abuse agency. While the judge would be identified by the agency as honorary chairperson of the event, the judge’s name would not appear on any requests for donations of food and drink to be served during the event. The sponsoring agency treats approximately half of the litigants who appear in the judge’s court and who need treatment for substance abuse.

         A judge may engage in extra-judicial activities that do not cast reasonable doubt on the judge’s capacity to act impartially as a judge. 22 NYCRR 100.4(A). With respect to a civic, charitable, fraternal, cultural, religious or educational organization, a judge is precluded from serving as an officer, director, trustee, or non-legal advisor if the organization will be regularly engaged in proceedings that ordinarily would come before the judge. 22 NYCRR 100.4(C)(3)(a)(i). In the present inquiry, the judge indicates that the local substance abuse agency treats approximately half of the litigants that appear in the judge’s court needing treatment for substance abuse. Although the judge is not acting as an officer etc. of the agency, and notwithstanding the indisputably laudable character of the agency’s mission, the judge should not act as honorary chairperson of a special event sponsored by such an agency because it may reasonably appear that the perception to be avoided by the rule, will not be avoided by bestowing this particular honor on the judge. See Joint Opinion 00-101/00-104.