Opinion 23-238

February 1, 2024

Digest: A judge may accept an unsolicited offer from family members and close personal friends to pay for the judge’s induction ceremony, where these donors are individuals who are unlikely to come before the judge and whose appearance or interest in a case would in any event require the judge’s disqualification.

Rules:   22 NYCRR 100.2; 100.2(A); 100.4(C)(3)(b)(i); 100.4(D)(4)(d)-(e), (h); Opinions 12-177; 11-24.

Opinion:

          Certain of the inquiring judge’s close personal friends and family members have offered to pay for the judge’s swearing-in ceremony, covering costs for the venue, food, beverage, and décor.  The judge explains that these friends and family are non-attorneys who are unlikely to come before the judge’s court.  Moreover, the judge has determined that their appearance or interest in a case would in any event require the judge’s disqualification.  The judge asks whether it is ethically permissible to accept the offer from these family members and close personal friends to pay for the judge’s ceremonial induction.

          A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and must always act in a manner that promotes public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]).  A judge may not personally participate in the solicitation of funds or other fund-raising activities (see 22 NYCRR 100.4[C][3][b][i]).  Although a judge may not accept all gifts, a judge may accept a gift from “a relative or close personal friend whose appearance or interest in a case would in any event require disqualification” under the Rules Governing Judicial Conduct (22 NYCRR 100.4[D][5][e]) and may also accept a gift from a relative or friend for a special occasion “if the gift is fairly commensurate with the occasion and the relationship” (22 NYCRR 100.4[D][5][d]).  In addition, where no other exception applies, a judge still may accept a gift if “the donor is not a party or other person who has come or is likely to come or whose interests have come or are likely to come before the judge” (22 NYCRR 100.4[D][5][h]).

          Applying these rules, we have advised that a judge may accept a family member’s offer to pay the judge’s admission fee for a road race (see Opinion 11-24) and may accept “gifts of a gavel or judicial robe” from a family member “in recognition of his/her election to a judgeship” (Opinion 12-177). 

          Here, too, on the facts presented, we conclude the judge may accept an unsolicited offer from family members and close personal friends to pay for the judge’s induction ceremony, where these donors are individuals who are unlikely to come before the judge and whose appearance or interest in a case would in any event require the judge’s disqualification (see 22 NYCRR 100.4[D][5][e]).  These reasonable expenses may include costs associated with the venue, light fare, and refreshments.