Opinion 22-142

October 27, 2022

Digest: A judge may serve on a bar association's board of directors, even if another board member is a judicial candidate and the subject of unfavorable media attention concerning allegations of illegal drug use and dishonesty.

Rules: 22 NYCRR 100.2; 100.2(A); 100.4(A)(1)-(3); 100.4(C)(3); Opinion 12-93.

Opinion:

         The inquiring judge asks if it is ethically permissible to serve on a bar association's board of directors, given that another board member is both a judicial candidate and the subject of intense media coverage concerning allegations of illegal drug use and dishonest statements to investigators.

         A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and must always promote public confidence in the judiciary's integrity and impartiality (see 22 NYCRR 100.2[A]). Thus, a judge must conduct all of his/her extra-judicial activities so they do not (1) cast reasonable doubt on the judge's capacity to act impartially as a judge; (2) detract from the dignity of judicial office; or (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office (see 22 NYCRR 100.4[A][1]-[3]). A judge may be a member of an organization devoted to the improvement of the law, the legal system or the administration of justice (22 NYCRR 100.4[C][3]). In general, we have noted that a judge's "participation in bar associations and other legal organizations is to be encouraged" (Opinion 12-93).

         We have considered the circumstances described in the judge's inquiry. On these facts, we do not believe that the alleged conduct of a fellow board member and the ensuing investigation, as embarrassing as they may be to the bar association, are attributable to the inquiring judge or in any way pose an ethical impediment to the judge's service on the bar association's board of directors. Accordingly, the judge may serve on the bar association's board of directors.