Opinion 23-154

Short-Form Opinion

December 14, 2023

Question:     May a full-time judge’s court attorney, who is serving on a community advisory board for a local hospital, serve on the advisory board’s legislative committee, which “is tasked with maintaining relations with elected officials and city agencies that interact with NYC Health + Hospitals”?  Service on the legislative committee involves meeting with legislators to advocate for hospital funding or other resources.

Discussion:   Where a judge’s law clerk or court attorney does not have a quasi-judicial title nor functions, the judge may permit him/her to engage in political activity, subject to rules concerning political activities of non-judicial court employees (22 NYCRR part 50).  For example, political activities are not permitted in the courthouse or during a court employee’s working hours.  If the judge’s staff member is a personal appointee of the judge, Section 100.5(C) of the Rules Governing Judicial Conduct also applies.  Further, we have said a judge should instruct court staff not to create the impression that the judge is engaged in political activities. 

Accordingly, we conclude the judge may permit their court attorney to serve on the hospital’s legislative committee and meet with legislators to advocate for hospital funding and resources, provided such service does not interfere with the court attorney’s official responsibilities and any required permission has been obtained under Part 50 of the Chief Judge’s Rules.  These activities must be performed on the court attorney’s personal time without reference to the court attorney’s employment with the Unified Court System.

The court attorney should consult the Office of Court Administration’s Nonjudicial Ethics Helpline (888-283-8442; inside-ucs.org/oca/ethics/) for guidance on any issues that may arise under Part 50.

Enclosed:     Opinions 20-05; 12-71; 07-11.