Opinion 24-78

May 9, 2024

Digest:  A part-time judge may not serve as a “celebrity chef” for a local restaurant as part of its ongoing promotional activities.

Rules:   22 NYCRR 100.1; 100.2; 100.2(A); 100.2(C); Opinion 02-25.

Opinion:

          A part-time judge asks whether it is ethically permissible to appear as an advertised “celebrity chef” at a local restaurant as part of an ongoing celebrity chef series.  The appearance would be solely for the restaurant’s benefit and not part of any charitable or political activity.  The judge is not an employee of the restaurant and does not possess a financial interest in the business.  The judge would not be compensated and would request that any advertisement include only the judge’s name and exclude any reference to his/her judicial title or status.

          A judge must uphold the judiciary’s integrity and independence (see 22 NYCRR 100.1), must 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]).  Further, a judge may not advance private interests through the prestige of judicial office (see 22 NYCRR 100.2[C]).

          On facts described, we believe that patrons would be encouraged to dine at the restaurant solely by virtue of the judge’s advertised status as “celebrity chef.”  Omitting the judge’s title from advertising for the event does not allow us to escape the conclusion that in this circumstance the judge would be lending the prestige of judicial office to advance the private financial interests of the restaurant owner.  Accordingly, the judge may not participate as requested (cf. Opinion 02-25 [judge may not appear as celebrity bartender during bar association fund-raiser]).