Opinion 07-178

December 6, 2007

Digest:         A judge may accompany his/her minor child to Family Court when the child testifies as the complainant in a juvenile delinquency case.

Rules:          22 NYCRR 100.2; 100.2(A),(C); 100.3(B)(6);100.4(E)(1); Opinions 07-205; 06-101; 03-125; 99-114 (Vol. XVIII).

Opinion:

         A judge asks if it is ethically permissible to accompany his/her minor child to Family Court when the child testifies as the complainant in a juvenile delinquency case. According to the inquiring judge, the judge presiding in the Family Court is likely to recognize him/her.

         Pursuant to the Rules Governing Judicial Conduct, a judge must avoid impropriety and the appearance of impropriety (see 22 NYCRR 100.2) and act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary (see 22 NYCRR 100.2[A]). Nevertheless, a person elected or appointed to judicial office does not forfeit his/her rights or responsibilities as a parent, and may act for a family member as attorney-in-fact (see 22 NYCRR 100.4[E][1]; Opinion 99-114 [Vol. XVIII]).

         This Committee previously has advised that a judge whose minor child had to appear before an administrative agency to answer a summons may accompany the child and act as the child’s representative (see Opinion 06-101). This Committee also has advised that a judge may attend and observe court proceedings involving his/her 21-year old child (see Opinion 07-205; cf. Opinion 03-125 [judge may serve as mother’s authorized representative and appear with her in that capacity at a hearing on appeal of Medicare determination]). The judge in the present inquiry also may accompany his/her minor child to Family Court when the child testifies as the complainant in a juvenile delinquency case, but may not communicate or have any ex parte contact with the judge presiding in the matter, and must not lend the prestige of judicial office for the benefit of his/her minor child (see 22 NYCRR 100.2 [C]; 100.3[B][6]).