Opinion 24-126
September 12, 2024
Digest: Where a mock trial competition is sponsored by academic institutions and is not a fund-raiser, a judge may serve as a judge in the competition and may permit his/her name to be announced in advance.
Rules: 22 NYCRR 100.2; 100.2(A); 100.3(B)(8); 100.4(A)(1)-(3); 100.4(B); Opinions 23-222; 23-22; 12-44; 09-26; 96-140.
Opinion:
The inquiring full-time judge has been invited to serve as a judge in a mock trial competition at a courthouse. The event is co-sponsored by a law school, a medical school, and the Office of Court Administration, and is not a fund-raiser. The judge asks whether his/her name and participation may be announced in advance. We understand the organizers would like to announce the judge’s participation to the competitors, as well as to the law school’s trial advocacy faculty, and that the law school may wish to mention the judge’s participation in press releases.
A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]). A judge may engage in extra-judicial activities such as teaching (see 22 NYCRR 100.4[B]), provided that they are compatible with judicial office and do not cast reasonable doubt on the judge’s capacity to act impartially as a judge, detract from the dignity of judicial office, or interfere with the proper performance of judicial duties (see 22 NYCRR 100.4[A][1]-[3]). Judges must refrain from public comment about pending or impending proceedings in any court within the United States or its territories but may explain the procedures of the court for public information (see 22 NYCRR 100.3[B][8]).
Because this event is sponsored by academic institutions, the expected attendees/participants will be students. Where, as here, the audience is not limited to advocates for one side of a particular category of case, a judge may preside over a mock trial for educational purposes, “provided the judge does not discuss pending or impending cases and the presentation is not used as a means to promote a particular point of view or support a particular side” (Opinion 09-26 [bar association]; see also Opinions 23-22 [private high school]; 96-140 [public school]). The situation is entirely distinct from participating in a mock trial as part of a district attorney’s training program, where we advised that the milieu makes it “difficult, if not impossible ... to avoid the appearance that [the judge] is teaching or giving partisan advice on litigation strategy or tactics” to prosecutors (Opinion 12-44).
We have also advised that a judge may be a speaker or guest of honor at a not-for-profit organization’s non-fund-raising event, “and may permit the judge’s participation to be advertised in advance” (Opinion 23-222).[1]
Accordingly, as this mock trial competition is sponsored by academic institutions and is not a fund-raiser, we conclude the inquirer may serve as a judge in the competition and may permit his/her name to be announced in advance.
[1] In the present inquiry, we note that the non-fund-raising nature of the event is further underscored by the fact that the competition is co-sponsored by the court system and is taking place at a courthouse.