Opinion 24-39

March 14, 2024

Digest: A county court judge may participate in judicial associations with the judges of the local courts over which the judge exercises appellate jurisdiction.

Rules:   22 NYCRR 100.2; 100.2(A); 100.3(E)(1); 100.4(A)(1)-(3); 100.4(C)(3); Opinions 23-128; 23-03; 19-75; 11-125; 07-126.

Opinion:

          A county court judge asks if he/she may participate in the activities of the state and local magistrates associations, along with the judges of the local courts over whom the inquirer exercises appellate jurisdiction.  The judge’s sole concern is that “county court is the immediate appeal court for local courts such as town, village and city courts.”

          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 integrity and impartiality of the judiciary (see 22 NYCRR 100.2[A]).  For example, a judge’s extra-judicial activities must be compatible with judicial office and must not (1) cast reasonable doubt on his/her capacity to act impartiality as a judge, (2) detract from the dignity of judicial office, or (3) interfere with proper performance of judicial duties (see 22 NYCRR 100.4[A][1]-[3]).  Generally, a judge may be a member of an organization devoted to the improvement of the law, the legal system or the administration of justice (see 22 NYCRR 100.4[C][3]).  A judge must disqualify him/herself, however, in any proceeding in which the judge’s impartiality “might reasonably be questioned” (22 NYCRR 100.3[E][1]).

          We have advised that “[a] judge and the judge’s staff may join a bar association’s elder law committee, and the judge may appoint otherwise eligible attorneys who also are members of the committee to fiduciary and counsel positions in the judge’s court” subject to applicable rules (Opinion 07-126).  We have also advised that it is ethically permissible for “a representative of the local district office to attend and speak at monthly magistrates association meetings” (Opinion 23-03) and that “[a] court attorney-referee, who works closely with part-time judges in his/her capacity as counsel to their administrative judge, may ordinarily preside when part-time attorney judges appear on behalf of private clients” (Opinion 19-75).

          Accordingly, we conclude that the inquiring county court judge may participate in judicial associations with the judges of the local courts whose decisions may be appealed to the judge’s court, provided that the judge’s participation does not “cast reasonable doubt” on the judge’s impartiality (22 NYCRR 100.4[A][1]). 

As always, if the judge’s impartiality in a particular case “might reasonably be questioned” based upon his/her interactions or connections with a local judge, whether at a magistrates association meeting or otherwise, the judge must disqualify from that case (see generally 22 NYCRR 100.3[E][1]; Opinions 11-125; 23-128).