Opinion 23-106

Short-Form Opinion

September 7, 2023

Question:    May a full-time judge participate as a presenter or panel member at a public high school’s Global Citizenship Day, a non-fundraising event?

Discussion:  A judge may lecture, teach and otherwise participate in extra-judicial activities that are not incompatible with judicial office and 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 (see 22 NYCRR 100.4[A][1]-[3]; 100.4[B]).  For example, we have advised that a judge may serve as a panelist on a program at a local college, subject to generally applicable limitations on judicial speech and conduct including the public comment rule, the prohibition on impermissible ex parte communications, and the need to avoid even the appearance of impropriety (see 22 NYCRR 100.2[A]; 100.3[B][6], [8]).  Here we conclude that within these limitations, lecturing to students as either a presenter or panelist is permissible. [1]  We note that if the judge is a solo presenter, the judge will have more control over the subject matter.  If the judge wishes to participate in a panel, the judge should request a copy of the proposed topics and choose a panel where the anticipated discussions are not likely to delve into matters of politics or substantial public controversy. 

Enclosed:    Opinion 15-93; 00-01.

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[1] While there is no indication whether the host school has offered compensation for the judge’s participation, we note that a judge is prohibited from receiving compensation for lecturing at a New York public high school (Opinion 00-01).