Opinion 22-116

September 8, 2022

Digest:       A part-time attorney judge may not place an advertisement promoting their law practice on a building owned by a local business that frequently appears before the judge.

Rules:        22 NYCRR 100.2; 100.2(A), (C); 100.4(D)(1)(b); Opinions 06-66; 06-41; 00-74; 92-125.

Opinion:

 A part-time attorney judge inquires whether it is permissible to place a sign promoting the judge’s solo law practice on top of a building owned and occupied by a local business that appears frequently in the village court. The business typically appears as a plaintiff or complainant in matters where defendants are charged with “non-sufficient funds checks, criminal matters, etc.” The building is located in “a high traffic area with frequent public patronage.” The judge does not have any pecuniary relationship with the business and advises that while no rental or other payment will be made to the building owner, the village requires written consent from the building owner and a small permit fee to erect the sign on the building.

         A judge must always avoid even the appearance of impropriety and must always act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2; 100.2[A]). A judge shall not convey or permit others to convey the impression that they are in a special position to influence the judge (see 22 NYCRR 100.2[C]). A judge is prohibited from engaging “in financial and business dealings that involve the judge with any business, organization or activity that ordinarily will come before the judge” (22 NYCRR 100.4[D][1][b]).

         We have previously advised that a part-time attorney judge may advertise their law practice provided there is no reference to the judge’s judicial status (see Opinion 00-74 [part-time judge may advertise law firm on telephone book cover]; cf. Opinions 06-41 [part-time judge may not erect a sign on façade of law office advertising that he/she is a “Justice of the Peace,” authorized to solemnize marriages]; 92-125 [impermissible for part-time judge to use judicial title in an advertisement for the judge’s law practice in the local weekly newspaper]).

         Here, the placement of a sign advertising the judge’s law practice on top of a business that is frequently before the court in which the judge presides as a plaintiff or complainant would jeopardize the public’s confidence in the integrity and impartiality of the judiciary (see Opinion 06-66). The requirement that the business provide written consent for the erection of the sign may also create the appearance that the business has a “special position,” relationship or access to the judge (cf. 22 NYCRR 100.2[C]).

While there would be no “pecuniary relationship” with the business, the sign is a promotional advertisement intended to solicit additional legal business for the judge’s law practice. The fact that erecting this sign requires the consent of the business would run afoul of the rule prohibiting a judge from engaging in financial and business dealings that involve a business that would ordinarily come before it (see 22 NYCRR 100.4[D][1][b]).

         Accordingly, we conclude that a part-time attorney judge may not place an advertisement promoting their law practice on a building owned by a local business that frequently appears before the judge.