Opinion 24-76

May 9, 2024

Digest:  A judge may use personal funds to purchase snacks or confectionaries to be placed in the jury room.

Rules:   Judiciary Law § 521(a); 22 NYCRR 100.2; 100.2(A); 100.2(C); 100.3(B)(10); Opinions 23-84; 23-127; 08-177; 02-77; UCS Div of Fin Mgt Bulletin 2302, January 19, 2023.

Opinion:

          The inquiring judge asks whether it is ethically permissible to use his/her personal funds to purchase certain confectionaries to be placed in the jury room on a morning when the jury begins deliberations.

          A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]).  A judge “may express appreciation to jurors for their service to the judicial system and the community” (22 NYCRR 100.3[B][10]).  But a judge must not “commend or criticize jurors for their verdict other than in a court order or opinion” (id.) nor “lend the prestige of judicial office to advance the private interests of the judge or others” (22 NYCRR 100.2[C]).

          The Division of Financial Management has advised that meals purchased for a jury are a state expense “provided only at the judge’s discretion when, in his or her judgment, it will facilitate deliberations and lead to timely case resolution” (UCS Div of Fin Mgt Bulletin 2302 [Jan. 19, 2023]; Judiciary Law § 521[a] [“expenses actually and necessarily incurred in providing food and lodging for jurors shall be a state charge payable out of funds appropriated to the office of court administration for that purpose”]).  However, we are aware of no statutory or administrative prohibition against a judge furnishing a jury with snacks or confectionaries, paid for out of a judge’s personal funds.  In the absence of such restrictions, the judge may purchase confectionaries for the jury (see Opinions 23-84 [judge may host informal event at courthouse with light refreshments to thank and recognize not-for-profit entities that participate in court’s community service program]; 08-177 [judge in problem-solving court may use personal income to purchase items of nominal value to reward participating defendants]; cf. Opinions 23-127 [judge may congratulate successful youth part participants with a handwritten note, but may not include the note in a gift bag of commercially branded promotional items]; 02-77 [treatment court judge may not provide defendants with “incentives such as movie passes or coupons from a local fast food restaurant” as it would create an appearance of lending judicial prestige to advance those private commercial interests]).