Opinion 24-85
May 9, 2024
Digest: A judge may speak at a family shelter concerning the judge’s career path and lived experience and participate in distributing toiletries to the shelter’s residents.
Rules: 22 NYCRR 100.2; 100.2(A), (C); 100.3(B)(8); 100.4(A)(1)-(3); 100.4(C)(3)(b)(i), (iv); Opinions 24-46; 23-133; 23-132; 23-101; 23-92; 23-58; 20-190; 19-09; 17-148; 17-55; 15-133; 13-13; 10-157; 09-175; 04-140.
Opinion:
The inquiring full-time judge asks if it is ethically permissible to participate in a charitable visit to a family shelter organized by individual court officers in their personal capacities on their personal time. The judge would speak to shelter staff and residents about the judge’s upbringing, experiences as “a child abuse survivor and a child witness of domestic violence,” and “path toward a legal education and judicial service.” The judge and court officers would also distribute toiletries to the women and children who reside in the shelter.[1]
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’s extra-judicial activities must be compatible with judicial office and must not (1) cast reasonable doubt on the judge’s capacity to act impartially; (2) detract from judicial dignity; or (3) interfere with the proper performance of judicial duties (see 22 NYCRR 100.4[A][1]-[3]). A judge may not personally participate in the solicitation of funds or other fund-raising activities (see 22 NYCRR 100.4[C][3][b][i]), nor lend or use the prestige of judicial office to advance private interests, fund-raising or membership solicitation (see 22 NYCRR 100.2[C]; 100.4[C][3][b][iv]). In addition, a judge may not comment on pending or impending matters in any court in the United States or its territories (see 22 NYCRR 100.3[B][8]).
Speaking at a Non-Fund-Raising Event
We have advised that a judge must not participate in community efforts, “no matter how laudable, if the judge’s participation would conflict with the judge’s judicial duties, cast doubt on the judge’s ability to be impartial, or otherwise cause the judge to violate the Rules Governing Judicial Conduct” (Opinion 13-13). Nonetheless, we have “recognized that the community benefits from having judges take an active part in community affairs whenever possible” (id.).
Where, as here, a charitable event is not a fund-raiser, a full-time judge may ordinarily attend and be a guest speaker, subject to generally applicable limitations on judicial speech and conduct. For example, the judge must abide by the public comment rule (22 NYCRR 100.3[B][8]), and must not “offer legal advice” or “promote a particular point of view or support one side in a particular class of cases” (Opinion 17-148). Indeed, we have said a family court judge may visit a domestic violence shelter, but when interacting with shelter occupants, the judge must refrain from discussing court-related issues or pending cases (see Opinion 09-175).
Here, the judge proposes to speak to family shelter staff and residents about the judge’s own childhood, education, experiences with abuse and domestic violence, and professional career. This is clearly permissible (see Opinions 24-46 [speaking to not-for-profit civic or charitable organizations about judge’s experience on bench]; 23-133 [speaking about judge’s “experiences of racism/prejudice and secondary trauma”]; 23-92 [speaking to community groups about “judge’s professional career and judicial role” and other legal topics]; 19-09 [performing “a first-person story about his/her childhood or cultural background” where “the entity producing the event is a non-profit and the show is not a fund-raiser”]; 15-133 [speaking at consulate event about experiences as judge of particular gender and ethnicity]).
Accordingly, the inquiring judge may attend and speak about the judge’s career path and lived experience, subject to generally applicable limitations.
Distribution of Toiletries to Shelter Residents
Although a judge may not solicit funds or in-kind donations, there is no impropriety in a judge making charitable donations in their own name (see e.g. Opinions 23-58; 20-190; 04-140) or helping to distribute donated items collected by others (see Opinions 17-55; 10-157). Similarly, we have advised that a judge may promote literacy by helping to distribute previously donated books for free to the public, provided the judge does not personally participate in any book drives or other solicitations (see Opinion 23-101).
Inasmuch as the proposed event is not a fund-raiser and involves only the distribution of toiletries by the judge and certain court officers in their personal capacities, we conclude that the judge’s participation is ethically permissible.[2]
[1] We assume that the toiletries were previously collected by the court officers and/or contributed personally by the judge.
[2] As a reminder, a judge may not make charitable donations in the name of the court nor permit their court staff to do so (see Opinion 20-190), although the court may act as “intermediary” in some circumstances (see Opinion 23-132).