Opinion 06-82

June 9, 2006

Digest:         A judge may not serve as moderator at a meeting sponsored by the County Victim Impact Panel which all defendants, convicted of driving while intoxicated or while ability is impaired, are required to attend.

Rules:          22 NYCRR 100.2(A); 100.4(A)(1); Opinions 04-91; 04-20; 02-35; 00-92 (Vol. XIX); 00-54 (Vol. XIX); 99-46 (Vol. XVII); 99-31 (Vol. XVII); 96-96 (Vol. XIV); 91-132 (Vol. VIII); 91-124 (Vol. VIII).

Opinion:

         A judge has been invited to serve as moderator and to introduce speakers at a Victim Impact Panel meeting sponsored by the County Victim Impact Panel. All criminal courts in the County require attendance by all defendants who are convicted of driving while intoxicated or with ability impaired. The judge inquires whether he/she may participate as requested.

         This Committee has previously determined that it would be inappropriate for a Family Court judge to attend a tree-planting and candlelight vigil on behalf of victims of crime in the judge’s county. Opinion 04-91. The Committee opined that a judge’s association with a program devoted entirely to presenting the views and experiences of crime victims may create an appearance of partiality, thus eroding the integrity and impartiality of the judiciary. 22 NYCRR 100.2(A); 100.4(A)(1); see also Opinions 04-20; 02-35; 00-92 (Vol. XIX); 00-54 (Vol. XIX); 99-46 (Vol. XVII); 99-31 (Vol. XVII); 96-96 (Vol. XIV); 91-132 (Vol. VIII).