Opinion 24-93

May 9, 2024

Facts/Issue:  The inquiring judge serves on a judiciary-initiated committee of state and federal judges, court clerks, jury commissioners, prosecutors, and defense attorneys “formed to explore the underlying obstacles to [jury] service for jurors of color.”  In the course of the committee’s ongoing meetings with community members and leaders, some elected legislators have asked if they may join the committee as well.  The inquiring judge now asks, on behalf of the committee, whether the legislators’ participation would raise “any conflicts or ethical considerations for us as judges.”

Discussion:   A judge generally may serve on an entity devoted to the improvement of the law, the legal system, or the administration of justice, provided that entity’s membership is not so imbalanced as to cast doubt on the judge’s fairness and impartiality.  Here, the committee’s membership is balanced, as it includes both prosecutors and defense counsel, as well as court entities.  In our view, the addition of sitting legislators is unlikely to create any impermissible imbalance.  We also note that the committee remains a judicial branch initiative, even if members of other branches are invited to participate.  To avoid even the appearance of impropriety, however, the legislators should be advised not to use the names of judges or the fact of the judges’ participation for partisan political purposes (22 NYCRR 100.5[A][1][d]). 

Conclusion:  A judge may serve on a judiciary-initiated committee to address jury diversification with a coalition of judges, court clerks, jury commissioners, prosecutors, defenders, and sitting legislators.  However, the legislators should be advised not to use the names of judges or the fact of the judges’ participation for partisan political purposes.

Authorities: Opinions 20-147; 19-14; 18-183; 15-203.