Opinion 24-160
October 30, 2024
Digest: A judge may attend a “donor appreciation luncheon” sponsored by a not-for-profit community dispute resolution center where lunch will be provided to attendees at no cost and there will be a gift basket raffle.
Rules: 22 NYCRR 100.2; 100.2(A); 100.4(A)(1)-(3); 100.4(C)(3)(b)(ii); 100.4(D)(5)(c); Opinions 24-103; 22-72; 15-72; 01-57; 94-147.
Opinion:
A judge has been invited to attend a “donor appreciation luncheon” sponsored by a local not-for-profit community dispute resolution center. Lunch will be provided to attendees at no cost and there will be a gift basket raffle. The keynote speaker heads a not-for-profit charitable foundation and is expected to speak on the topic of promoting peaceful dialogue. The judge is unaware of any current professional connections between the center and the Unified Court System, nor has the judge had occasion to refer cases to the center. The judge has not donated to the center in recent years, and would not be attending the luncheon as a speaker or guest of honor. The judge asks if he/she may attend the luncheon.
A judge must always avoid even the appearance of impropriety and act in a manner that promotes public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2; 100.2[A]). A judge may generally engage in extra-judicial activities if they are compatible with judicial office and do not cast doubt on the judge’s impartiality, detract from judicial dignity, or interfere with judicial duties (see 22 NYCRR 100.4[A][1]-[3]). A judge may accept “ordinary social hospitality” (22 NYCRR 100.4[D][5][c]; Opinion 24-103 [reviewing applicable principles]) and may attend fund-raising events for not-for-profit educational, religious, charitable, cultural, fraternal or civic organizations, but “may not be a speaker or the guest of honor” at a fund-raising event unless an exception applies (22 NYCRR 100.4[C][3][b][ii]).
We have advised that a judge may attend a dispute mediation service’s dinner celebrating the efforts of mediation service volunteers (see Opinion 15-72; cf. Opinions 01-57 [judge may be honored at free non-fund-raising reception hosted by mediation center]; 94-147 [judge may attend non-fund-raising dinner of community service agency and be honored for volunteer service]). A judge may even attend if the host organization contracts with the Unified Court System to provide alternative dispute resolution services (see Opinion 15-72) or where the organization is one to which the judge’s court makes referrals (see Opinion 01-57). We have concluded that a judge’s attendance and/or recognition at such events “does not create an appearance of impropriety or raise a reasonable question as to the judge’s impartiality” (see Opinions 15-72; 01-57).[1]
We conclude that the judge may attend the “donor appreciation luncheon” sponsored by a local not-for-profit community dispute resolution center.
[1] Indeed, even where special factors preclude a judge from accepting free admission to such an event, it may still be permissible to attend (see e.g. Opinion 22-72 [judge who makes referrals to a not-for-profit entity “may not accept complimentary tickets to attend the entity’s lavish fund-raising gala, but may purchase tickets and attend the event”]).