Opinion 24-89

May 9, 2024

Digest:  A newly designated judicial hearing officer need not return a $250 retail store gift card received as a retirement gift from a local federation of not-for-profit sporting clubs.

Rules:   22 NYCRR 100.2; 100.2(A); 100.4(D)(5); 100.4(D)(5)(h); Opinion 12-136.

Opinion:

          The inquirer retired in December from a judgeship that included some firearm licensing duties, such as reviewing pistol permit applications and extreme risk orders of protection.  The inquirer subsequently applied for designation as a judicial hearing officer.  During the months between the inquirer’s retirement from the bench and approval of his/her application, the inquirer received a $250 retail store gift card¹ from a local federation of not-for-profit outdoor sporting clubs, with a note thanking the inquirer for his/her “years of service” to the community as a judge.  Although many of the federation’s member sporting clubs focus on fishing and hunting, the inquirer notes that neither the federation nor its member clubs ever appeared before him/her.  Now that the inquirer has been designated as a judicial hearing officer, he/she asks if it is ethically permissible to retain the gift card. 

          A judge or quasi-judicial official must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and must always act in a manner that promotes public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]).  A judge’s acceptance of a gift is subject to the requirements of section 100.4(D)(5) of the Rules Governing Judicial Conduct.  In addition to the specific categories of permissible gifts, a catch-all exception permits a judge to accept (22 NYCRR 100.4[D][5][h]):

any other gift, bequest, favor or loan, only if: the donor is not a party or other person who has come or is likely to come or whose interests have come or are likely to come before the judge.

Thus, where the donor and its interests have not come, and are not likely to come before the judge, we have advised that a judge may accept free admission to a modestly priced community event from the sponsoring local not-for-profit organization (see Opinion 12-136).

          Because the inquirer was neither a judge nor a quasi-judicial official at the time of the gift, the sole question here is whether it creates any appearance of impropriety for the inquirer to retain the gift after his/her designation as a judicial hearing officer.  Under the circumstances presented, we believe this retirement gift does not create any appearance of impropriety in connection with the inquirer’s former judicial role.  Moreover, there is no indication that the federation or its interests are likely to come before the inquirer as a judicial hearing officer.  Accordingly, we can see no impropriety in retaining the gift card and we conclude the inquirer need not return it.

____________

[1] The gift card can only be used at a local sporting goods store.