Opinion 24-36

February 1, 2024

Digest:  On the facts presented, a judge may not accept a practicing attorney as a volunteer in chambers, where that attorney is currently a judicial candidate seeking election to judicial office.

Rules:   22 NYCRR 100.2; 100.2(A); 100.5(A)(1).

Opinion:

          The inquiring judge would like to allow a judicial candidate to volunteer in his/her chambers, taking on assignments such as “conferencing cases and drafting decisions.”  The judicial candidate is a practicing attorney who is seeking election to judicial office in a different court in another county, and thus would provide a conflicts list and insulate him/herself as required.  The attorney would also “refrain from using [the inquiring judge’s] office or name as an endorsement of [the attorney’s] candidacy.” 

          A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and must always act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]).  A judge also must not “directly or indirectly engage in any political activity” unless an exception applies (22 NYCRR 100.5[A][1]).

          The present inquiry does not involve a judge’s pre-existing staff member who has decided to seek judicial office.  Nor does it involve a student at an academic institution whose presence in a judge’s chambers could be seen as part of a routine learning experience.  Rather, the inquiring judge wishes to take on an admitted attorney who is pursuing election to judicial office, rather than an academic credential, as a volunteer in chambers.  On these facts it would be difficult, if not impossible, for the judge to avoid a public perception that the volunteer opportunity has been offered to assist the attorney in their election campaign.  Accordingly, we conclude it is impermissible, as it would create an appearance that the judge is engaging in impermissible political activity (see 22 NYCRR 100.5[A][1]).