Opinion 23-225

February 1, 2024

Digest:  A judge may wear an American flag pin on the judge’s judicial robe.

Rules:   22 NYCRR 100.2; 100.2(A); 100.3(B)(4)-(5); Opinions 23-133; 19-50.

Opinion:

          A judge asks if it is ethically permissible to wear an American flag pin on the judge’s judicial robe while working in their official capacity as a judge.

          A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and must always act in a manner to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]).   

          We have advised that a judge may not display a rainbow flag on the bench or in the courtroom (Opinion 19-50).  The courthouse and courtroom must convey the message that everyone before the court will be treated fairly and impartially (id., citing 22 NYCRR 100.3[B][4]-[5]).  We believed that “giving symbolic assurances for particular groups in the courtroom will not promote public confidence in the judiciary’s impartiality” (id.).

          We have also advised that a judge may display the flag of another sovereign nation at the judge’s residence and may wear a lapel pin displaying such flags at non-court events (see Opinion 23-133).  We noted that that inquirer did not propose to display a foreign flag on the bench or in the courtroom (id. fn 4, citing Opinion 19-50).

          By contrast, the American flag represents our nation, rather than a particular group.  There are American flags already in our courtrooms, and judges take an oath to uphold the Constitution of the United States.  Accordingly, this judge may wear an American flag pin on the judge’s judicial robe while carrying out judicial functions in and out of the courtroom and courthouse.