Opinion 24-172
December 12, 2024
Digest: A judge who participated in a non-profit judicial internship program may sign a letter of support for the program’s application for a non-monetary bar association award.
Rules: 22 NYCRR 100.2; 100.2(A); 100.2(C); Opinions 13-20; 10-164; 08-92; 02-118.
Opinion:
A not-for-profit judicial internship program is applying for a non-monetary bar association award.[1] The program would like to submit a letter of support signed by judges who have personally participated in the internship program. The inquiring judge asks if he/she may sign the letter.
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]). Likewise, a judge must not lend the prestige of judicial office to advance private interests (see 22 NYCRR 100.2[C]).
It is well-established that a judge with relevant personal knowledge “may write a letter nominating an individual or an organization to receive an award” (Opinion 13-20; see also Opinions 10-164; 08-92; 02-118).
Here, a judge who personally participated in a non-profit judicial internship program wishes to write a letter to support the program’s application for a non-monetary award from a bar association. In our view, this does not create any appearance of impropriety and cannot be viewed as impermissibly lending the prestige of judicial office to advance the entity’s private interests. The judge may, therefore, sign the letter.
[1] According to its website, the program is “a 501(c)(3) non-profit organization that seeks to cultivate and develop future leaders from underserved communities through judicial internships, educational experiences, and the resources necessary to achieve their professional goals.”