Opinion 04-70

September 14, 2004

Digest:         Neither a judge nor the judge’s law secretary may accept a scholarship to attend a matrimonial training seminar offered by a private legal training organization that is owned and/or operated by an attorney who practices matrimonial law in the judge’s court, as does the attorney’s firm.

Rules:          22 NYCRR 100.2(A); 100.4(D)(5)(h).

Opinion:

         A judge who presides over matrimonial actions, and the judge’s law secretary, have been offered scholarships to attend a seminar sponsored by a private legal training organization. The judge asks if it is ethically permissible for the judge and the judge’s law secretary to accept the scholarships.

          A judge must act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary [22 NYCRR 100.2(A)], and is prohibited from accepting a gift or favor if “. . . the donor is . . . a party or other person who has come or is likely to come or whose interests have come or are like to come before the judge. . . .” 22 NYCRR 100.4(D)(5)(h). It is the Committee’s understanding that the private legal training organization that has offered scholarships to both the inquiring judge and the law clerk is owned and/or operated by an attorney who practices matrimonial law and whose firm practices matrimonial law, in the judge’s court. Under those circumstances, neither the judge nor the judge’s law secretary may accept a scholarship from the donor. The scholarship constitutes a gift or favor

and its source is a person who has come or whose interests have come and will come before the judge. Acceptance is therefore prohibited.