Opinion 06-170

December 7, 2006

Digest:         A judge may attend a holiday party sponsored by local law enforcement agencies, provided the judge avoids any actions that may be perceived to advance the private interests of the organization, or of individuals attending, or which may otherwise create an appearance of impropriety.

Rules:          22 NYCRR 100.2; 100.4(D)(5)(c); Opinions 95-99 (Vol. XIII); Vol. 91-136 (Vol. VIII); 89-23 (Vol. III); 87-15 (Vol. I).

Opinion:

         A judge has been invited to attend annual holiday parties sponsored by local law enforcement agencies and inquires about the propriety of attending.

         This Committee previously determined that judges may socialize with attorneys, attend holiday and other special occasion celebrations sponsored by law firms, legal agencies, and legal services agencies, and otherwise accept ordinary social hospitality from such entities, including those that might regularly appear before the judge. 22 NYCRR 100.4(D)(5)(c); Opinions 91-136 (Vol. VIII); 87-15 (Vol. I); 87-12 (Vol. I). This committee sees no distinction between a judge attending a holiday party sponsored by attorneys, law firms, legal agencies, and legal services agencies that might regularly appear before the judge, and a judge’s attendance at a holiday or special occasion party sponsored by a law enforcement agency whose officers might regularly appear in the judge’s court. Opinions 95-99 (Vol. XIII); 91-136 (Vol. VIII); 89-23 (Vol. IV); 87-15 (Vol. I); 87-12 (Vol. I); see also Opinion 02-81.

         A judge may therefore attend a holiday party sponsored by local law enforcement agencies, provided the judge avoids any actions that might be perceived to advance the private interests of the agency or of individuals attending, or which may otherwise create an appearance of impropriety. 22 NYCRR 100.2; Opinions 95-99 (Vol. XIII); 91-136 (Vol. VIII); 87-12 (Vol. I).