Opinion 04-34

April 22, 2004

Digest:         A judge may attend and participate in a New York State Summit on Elder Abuse provided the judge does not comment on any matter pending or impending in any court; does not participate in law enforcement or prosecution oriented presentations; and does not express views which manifest a predisposition in deciding issues or cases.

Rules:          22 NYCRR 100.3(B)(8); Opinions 00-100 (Vol. XIX), 98-105 (Vol. XVII); 98-87 (Vol. XVII); 98-36 (Vol. XVI).

Opinion:

         A judge has been invited to participate in a New York State Summit on Elder Abuse. The event is sponsored by several organizations, including a local not-for-profit senior citizen service organization, the NYS Office of Children and Family Services (Adult Services Office), the NYS Office for the Aging and Blue Cross/Blue Shield/MedAmerica Insurance Co. The judge inquires about the propriety of participating in such an event. The seminar would include, in part, presentations by a law enforcement/prosecution task force.

         This Committee has previously stated that a judge may participate in panel discussions, workshops, conferences or seminars on the law which are sponsored by various organizations or governmental entities, provided the judge does not comment on any matter pending or impending in any court in the United States or its territories or does not manifest a predisposition in deciding issues or cases. 22 NYCRR 100.3(B)(8); Opinions 00-100 (Vol. XIX), 98-105 (Vol. XVII); 98-87 (Vol. XVII); 98-36 (Vol. XVI).

         Even though some of the presentations may be prosecution oriented, a judge may nevertheless attend such a program or seminar. Opinion 98-105 (Vol. XVII). However, the judge should not participate in law enforcement or prosecution oriented presentations.