Opinion 24-88

May 9, 2024

Facts/Issue:    A county court judge asks if he/she may use a workout facility at the county sheriff’s department, which has been opened to “all county employees” at no charge.

Discussion:     A judge may not accept “a gift, bequest, favor or loan” from anyone unless an exception applies (22 NYCRR 100.4[D][5]).  Moreover, judges receiving free or reduced-cost services or programs from agencies that appear before them may create a perception of a special, favored relationship. 

                      Here, we conclude it could create an appearance of impropriety and undermine public confidence in the judge’s impartiality for a state-paid judge, who presides in criminal cases, to accept free use of a county sheriff’s workout facility which is exclusively open to “county employees” and otherwise closed to the public.  We note that a county court judge is not employed by the county and thus is not a “county employee.” 

Conclusion:     A county court judge may not use the workout facilities at the county sheriff’s department that are available to “all county employees” at no charge.

Authorities:    Opinions 16-73; 09-101; 04-70.