Opinion 07-170

October 18, 2008

Digest:         A full-time judge who is president of an ethnic judges’ association may join with officers of an ethnic bar association to meet with law school deans and various executive and legislative branch officials to express their concern about the downward trend in minority representation within the legal profession and to advocate for increased diversity within the legal profession.

Rules:          22 NYCRR 100.2(C); 100.4(C)(1); 100.4 (C)(3)(b)(iii); 100.5(A)(1)(c); Opinions 07-109; 07-68; 06-115; 06-34; 04-27; 97-152 (Vol. XVI).

Opinion:

         A full-time judge who is president of an ethnic judges’ association asks if it is ethically permissible to join with officers of an ethnic bar association to meet with law school deans and various executive and legislative branch officials to express their concern about the downward trend in minority representation within the legal profession and to advocate for increased diversity within the legal profession.

         Pursuant to the Rules Governing Judicial Conduct, a full-time judge may appear at a public hearing before an executive or legislative body or official on matters concerning the law, the legal system or the administration of justice (see 22 NYCRR 100.4[C][1]) and may, as a member or officer of a fraternal organization, make recommendations to public and private fund-granting organizations on projects and programs concerning the law, the legal system or the administration of justice (see NYCRR 100.4[C][3][b][iii]). In previous opinions, therefore, this Committee has advised that members of a judges’ association may support enactment of legislation that concerns the law, the legal system or the administration of justice (see Opinion 07-68 [Members of New York Association of Women Judges may sign letter urging legislature to pass bill requiring New York State to suspend Medicaid for people entering prison and jail with prior Medicaid enrollment]; Opinion 06-34 [Members of Association of Women Judges may sign letter urging legislature to pass bill to benefit incarcerated domestic violence survivors who have been convicted of crimes against their abusers.]) and that judges may advocate for construction of a new court facility (see Opinion 07-109 [judge may write op-ed article for publication by local press, speak at public informational forums and otherwise advocate publicly in favor of bond resolution to construct new court facility.].

         The judge in the present inquiry, therefore, may join with officers of an ethnic bar association to meet with law school deans and various executive and legislative branch officials to express concern about the downward trend in minority representation within the legal profession, and to advocate for increased diversity within the legal profession. The judge must ensure, however, that he/she does not lend the prestige of judicial office to advance the private interests of others (see 22 NYCRR 100.2[C]) and should not participate if the proposed activity becomes politically partisan in nature (see 22 NYCRR 100.5[A][1] [c]; Opinion 06-115; 04-27; 97-152 [Vol. XVI]).