Opinion 08-95

June 6, 2008

Digest:         A judge who has filed a civil action in a court located in the same densely populated urban county where the judge presides should not disclose his/her judicial status to the judge presiding in such action, but should instruct his/her attorney to notify counsel for all parties to the action of his/her judicial status, who then can decide on the best course of action to take, given the circumstances of the particular case.

Rules:          22 NYCRR 100.2; 100.2(A); 100.2(C); Opinion 07-18; 06-145.

Opinion:

         A judge who presides in a court located in a densely populated urban county is the plaintiff in a civil action filed in another court in the same county. In this circumstance, it is very possible that the judge presiding in the civil action does not know that the plaintiff also is a judge. The inquiring judge asks whether he/she is obligated to disclose his/her judicial status to the judge presiding in the civil action.

         A judge must avoid impropriety and the appearance of impropriety in all the judge’s activities (see 22 NYCRR 100.2) and must 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]). A judge, therefore, must not lend the prestige of judicial office to advance his/her private interests (see 22 NYCRR 100.2[C]).

         This Committee previously has advised that a Court Attorney Referee who is a litigant in another court in the same county is not required by the Rules Governing Judicial Conduct to disclose his/her quasi-judicial status to the Judicial Hearing Officer presiding in his/her case (see Opinion 07-18). In fact, in the Committee’s view, a judge or Court Attorney Referee who does so may be perceived as lending the prestige of judicial office to advance his/her private interests (see 22 NYCRR 100.2[C]; Opinion 07-18; 06-145).

         While the inquiring judge/litigant also should not disclose his/her judicial status to the judge presiding in his/her civil action, he/she should instruct his/her attorney to notify counsel for all parties to the action of his/her judicial status. All counsel involved then can decide on the best course of action to take, given the circumstances of the particular case.