Opinion 24-190

December 12, 2024

Digest:  A judge has discretion to determine whether a court reporter’s photograph of an elected nonjudicial official should be removed from view during official proceedings in the virtual courtroom.

Rules:   22 NYCRR 100.2; 100.2(A), (B); 100.3(B)(2), (4); 100.3(C)(2); Opinion 05-101.

Opinion:

          During a virtual court proceeding, the inquiring judge became aware that a photograph of an elected nonjudicial official was visible on camera at the court reporter’s remote location.  The judge asks if the Rules Governing Judicial Conduct require the judge to “instruct the court reporter to remove that photo from view during the virtual hearing.”

          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 must not allow “political or other relationships to influence the judge’s judicial conduct or judgment” (22 NYCRR 100.2[B]).  Judges must “require order and decorum in proceedings before the judge” (22 NYCRR 100.3[B][2]) and must “require staff, court officials and others subject to the judge’s direction and control to observe the standards of fidelity and diligence that apply to the judge and to refrain from manifesting bias or prejudice in the performance of their official duties” (22 NYCRR 100.3[C][2]).

          Political partisanship has no place in a courtroom, whether in person or virtual (cf. Opinion 05-101; 22 NYCRR 100.2[B]).  While we recognize that, in some instances, displaying images of elected officials in a courtroom could potentially be problematic, we also recognize that many courtrooms display images of historic nonjudicial officials such as George Washington or Abraham Lincoln, or retired judges, or other elected or appointed officials, without creating any appearance of impropriety. 

          In our view, it is the judge who possesses the authority and discretion to assess what is displayed in his/her courtroom during virtual appearances in order to safeguard public confidence in the judiciary’s impartiality and fairness.  On the facts presented, it is within a judge’s discretion to determine whether a court reporter’s photograph of an elected nonjudicial official should be removed from view during official proceedings in the virtual courtroom.  For example, if this judge concludes it will help maintain decorum and/or promote public confidence in the court’s ability to perform judicial duties fairly and impartially, he/she may instruct courtroom staff to remove photographs of elected officials that would otherwise be seen during virtual court proceedings (cf. 22 NYCRR 100.2[B]; 100.3[B][2]; 100.3[B][4]).  But this determination is left entirely to the discretion of the judge.