Opinion 24-176

December 12, 2024

Facts/Issue:  A judge asks if he/she may, at an attorney’s request, write to a grievance committee about how the attorney practices law before the judge, commenting on matters such as the attorney’s hard work and punctuality.  The judge does not know the nature of the grievance.

Discussion:    A judge may neither lend the prestige of judicial office to advance private interests (see 22 NYCRR 100.2[C]) nor testify voluntarily as a character witness (22 NYCRR 100.2[C]).  Thus, in general, a judge may not voluntarily provide a letter or testimony before a disciplinary committee at the request of a respondent attorney or their counsel.  However, a judge may testify in response to a subpoena or at the request of the disciplinary committee and may authorize the attorney to tell the disciplinary committee that it may contact the judge concerning the matter.

Conclusion:   A judge may not voluntarily write a letter to the attorney grievance committee, whether at the request of the respondent attorney or their counsel.  The judge may nonetheless comply with a subpoena or provide information at the direct request of the grievance committee.

Authorities:  Opinions 24-128; 23-234; 16-41