Opinion 23-32

Short-Form Opinion

March 23, 2023

Question:    May a full-time judge accept an invitation to speak before a class at a public college on matters of civil law, including the trial process, evidentiary considerations and pitfalls, and the judge’s journey to the law and the bench?

Discussion:  A judge may engage in extra-judicial activities such as teaching and lecturing as long as they do not interfere with the proper performance of judicial duties (22 NYCRR 100.4[A][1]-[3], 100.4[B]).  We have previously advised, for example, that a judge may accept an honorarium to serve as a mentor-in-residence at a SUNY/CUNY college, a role that includes guest lecturing (22-156), and may preside over a public school mock trial designed to familiarize students with the functions of the courts (Opinion 96-140).  A judge may also speak about their personal experiences in becoming a jurist at a foreign consulate’s reception for its ambassador (Opinion 15-133).  Accordingly, you may accept an invitation to speak before a college class on the trial process, evidentiary considerations and pitfalls, and your journey to the law and the bench, subject to generally applicable limitations on judicial speech and conduct.[1]

Enclosed:    Opinions 22-156; 15-133; 12-49; 97-132; 96-140.

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[1] We caution that a judge must not make any public comment about a pending or impending proceeding in the United States or its territories but may explain for public information the procedures of the court (22 NYCRR 100.3[B][8]; see Opinion 97-132).