Opinion 24-205

February 6, 2025

Digest:   A town justice may serve as a critical incident stress debriefer for first responders outside his/her jurisdiction.

Rules:    22 NYCRR 100.0(V); 100.2; 100.2(A); 100.3(B)(8); 100.3(E)(1); 100.3(F); 100.4(A)(1); 100.6(B)(4); Opinions 23-42; 22-191; 22-127; 21-79; 21-22(A); 13-25; 08-145; 92-86; 90-201.

Opinion:

          A part-time town justice asks if he/she may serve as a “critical incident stress debriefer,” assisting first responders in processing their feelings and emotions after handling traumatic or otherwise difficult calls.  The services are available to paid and volunteer firefighters, emergency medical services workers, and police officers, typically (but not exclusively) in group settings.  The position requires specialized training in crisis intervention techniques, and focuses on the emotional results, rather than the details of the underlying event or situation.  The judge would work only “well outside” his/her court’s jurisdiction.

          A judge must always avoid even the appearance of impropriety and act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2; 100.2[A]).  Thus, a judge must disqualify in any proceeding where the judge’s impartiality “might reasonably be questioned” (22 NYCRR 100.3[E][1]) and the judge’s extra-judicial activities must not “cast reasonable doubt on the judge’s capacity to act impartially” (22 NYCRR 100.4[A][1]).   A part-time judge may likewise accept outside employment, provided that such employment is compatible with judicial office and does not conflict or interfere with the proper performance of the judge’s duties (see 22 NYCRR 100.6[B][4]).  Finally, we note that a judge must not make any public comment on a matter that is “pending or impending” in any court in the United States or its territories (22 NYCRR 100.3[B][8]), including “one that is reasonably foreseeable but has not yet been commenced” (22 NYCRR 100.0[V]).

          In Opinion 21-79, we said a judge may serve on the board of a not-for-profit organization that will educate first responders and others on how to interact with individuals on the autism spectrum in crisis situations.  We note that the program sought to “demonstrate different coping/calming techniques” (id.).  Similarly, in Opinion 22-191, we concluded that a judge may help develop a training program to educate medical professionals, first responders, and others on assessing, evaluating, and responding to domestic violence situations.  The judge was further permitted to participate in the training presentations, provided the program and participants were not so imbalanced as to cast doubt on the judge’s impartiality (id.).

          As for counseling functions, we have said a part-time judge may serve as a per diem chaplain for the department of corrections and community supervision in another county (see Opinion 22-127); an offender rehabilitation coordinator at a correctional facility (see Opinion 13-25); a nurse in a county correctional facility (see Opinions 23-42; 92-86); and a drug counselor for inmates (see Opinion 90-201).  In each of those opinions, however, we advised the judge must disqualify from any case involving an inmate with whom he/she has personally interacted in the course of his/her extra-judicial employment (see Opinions 23-42; 22-127; 13-25; 90-201; 22 NYCRR 100.3[E][1]).  The disqualification may be subject to remittal (see e.g. Opinion 23-42; 22 NYCRR 100.3[F]).  As always, “remittal requires the voluntary, affirmative consent of all parties and their counsel, if represented, after full disclosure on the record” (Opinions 23-42; 21-22[A]).

          Here, we conclude that the inquiring town justice may also serve as a critical incident stress debriefer for first responders outside his/her jurisdiction, subject to generally applicable limitations.  For example, the judge must be alert for potential conflicts between the two roles (see e.g. Opinions 22-127 [advising judge who serves as per diem chaplain must disqualify from any case involving inmate to whom he/she rendered pastoral care or assistance]; 08-145 [advising judge must disqualify from matters involving his/her outside employer and must choose between the positions if disqualification becomes too frequent]).

          Moreover, to the extent that legal proceedings may be “reasonably foreseeable” from the incidents discussed, the judge’s participation is also subject to the constraints of the public comment rule (see 22 NYCRR 100.0[V]; 100.3[B][8]).