Opinion 23-209

February 1, 2024

Facts/Issue:    The inquiring judge has been asked to sign a family tree affidavit for the estate of the judge’s long-time close friend.  The judge has relevant personal knowledge of the facts contained in the affidavit, which will be submitted to surrogate’s court in another county.

Discussion:     We have advised that a judge may provide a family tree affidavit for submission in surrogate’s court, based upon the judge’s personal knowledge of the deceased’s family.  Although judges may not voluntarily testify as character witnesses, nor lend the prestige of judicial office to private interests, they may voluntarily testify to facts within their personal knowledge, whether in-person or by affidavit.

Conclusion:     A judge may sign a family tree affidavit for the estate of the judge’s long-time close friend, based upon facts within the judge’s personal knowledge.

Authorities:    Opinion 21-96.