Opinion 23-49

May 4, 2023

Digest: A judge may wear judicial robes when giving the keynote address at a public high school graduation.

Rules:   22 NYCRR 100.2; 100.2(A); 100.2(C); 100.4(A)(1)-(3); Opinions 02-04; 00-102.

Opinion:

          The inquiring full-time judge has been invited to be the keynote speaker at a public high school graduation ceremony.  The judge is a graduate of the same public school system, and the principal has asked the judge to wear a judicial robe to help inspire the students in their educational and career aspirations.  As this is a public school, there will be no fund-raising or recruitment associated with the event.  The judge asks if it is permissible to wear their judicial robe in this circumstance.

          A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and must always act to promote public confidence in the judiciary’s integrity and impartiality (see 100.2[A]).  A judge must not lend the prestige of judicial office to

advance the private interests of the judge or others (see 22 NYCRR 100.2[C]) and their extra-judicial activities must be compatible with judicial office and must not detract from the dignity of judicial office (see generally 22 NYCRR 100.4[A][1]-[3]).

          In general, there is “no ethical barrier preventing a judge from serving as a high school graduation commencement speaker” (Opinion 02-04).  While the permissibility of wearing judicial robes during a particular extra-judicial activity may involve a fact-specific analysis, we have said that a judge may appear in judicial robes in a televised documentary about “Italian-Americans of note” (Opinion 00-102).  In view of the film’s purpose, we concluded it would “not present any danger of lending the prestige of judicial office to advance the private interests of the judge or others” but instead would appropriately underscore the judge’s judicial status (id.).

Here, too, we conclude that wearing a judicial robe is ethically permissible.  The judge is a successful graduate of the public school system, and we see no appearance of impropriety in drawing attention to the judge’s judicial status in attempting to inspire other public school graduates in their educational and career goals.  Thus, we find that the judicial robe is an appropriate “signification of judicial status” in this context (Opinion 00-102).  We note there is no fund-raising associated with the event, and also no risk of an appearance, on these facts, that the judge will lend the prestige of judicial office to advance any “private interests” whatsoever (22 NYCRR 100.2[C]). 

Accordingly, we conclude the judge may wear their judicial robe when giving a keynote address at a public high school graduation.