Subject Matter Index: Business and Financial Activities

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Business and Financial Activities

(22 NYCRR 100.4[D]; 100.6[B][1], [4])

Note: This page focuses on recent opinions (mostly 2015 and later) addressing questions about a judge's business and financial activities, including gifts, non-legal outside employment, dual employment, and seeking post-judicial employment. It does not address practice of law, service as a fiduciary, or compensation for permissible extra-judicial activities.

Part 100 distinguishes between full-time and part-time judges with respect to outside employment and many business activities. In addition, a full-time judge's extra-judicial income may need to be reported under Part 40; please consult the UCS Ethics Commission for guidance on Part 40 requirements.

Main Index: Outside Non-Legal Employment ... for Full-Time Judges | ... for Part-Time Judges | Dual Employment within the Judiciary | Seeking Post-Judicial Employment | Ownership Interests; Investments; Ownership, Management or Rental of Real Property | Gifts; Application for Scholarship, Fellowship, or the Like; Free Admission to Events | Miscellaneous Business or Financial Activities

Outside Non-Legal Employment & Full-Time Judges

(22 NYCRR 100.4[D][3]; 100.4[H][1][c])

Employment with "any business entity" is generally prohibited for full-time judges. 22 NYCRR 100.4(D)(3)
- For exceptions relating to certain closely owned entities engaged solely in investment of the judge's family's real property or financial resources, see "Ownership Interests; Investments; Ownership, Management or Rental of Real Property"
Compensation is prohibited for "extra-judicial activities performed for or on behalf of ... New York or its political subdivisions or any office or agency," 22 NYCRR 100.4(H)(1)(c)(1)-(2).
- For an exception permitting a full-time judge to receive "the ordinary compensation ... for teaching a regular course of study" at a "college or university," see "Compensation for Extra-Judicial Actvities."

Opinion 22-14 May a new full-time judge continue to serve as a part-time seasonal lifeguard with the New York State Office of Parks, Recreation and Historic Preservation and receive compensation?

Opinion 20-200 On these facts, a full-time judge may not participate in a proposed not-for-profit corporation that would be exclusively controlled by the judge’s family and would feature the judge as its sole compensated lecturer with a sliding scale of fees.

Opinion 20-149 May a full-time court attorney-referee answer the Governor’s call to be a poll worker, given this year’s shortage of workers as result of the global pandemic? [Answer: No]

Opinion 20-129 May a full-time judge be trained, and thereafter serve, as an election poll clerk? [Answer: No]

Opinion 18-106 A full-time court attorney-referee (1) may not teach yoga or meditation classes for a for-profit yoga studio, even if neither the studio nor the referee will benefit financially, but (2) may teach such classes for a not-for-profit organization and may use social media to publicize them.

Opinion 16-134 May a full-time court attorney-referee work part-time as a real estate agent? [Answer: No]

Opinion 14-177 A full-time judge may not accept employment as part-time treasurer of the board of directors of a special district library financed by the local municipality.

Opinion 14-46 A full-time quasi-judicial official may serve as a coach for a local public school’s sports team and accept the reasonable compensation offered, subject to applicable reporting requirements.

Outside Non-Legal Employment & Part-Time Judges

(22 NYCRR 100.4[C][2][b]; 100.4[D][1][a]-[c]; 100.6[B][4])

Part-time judges and JHOs generally may accept outside employment pursuant to Section 100.6(B)(4), if it "is not incompatible with judicial office and does not conflict or interfere with" proper performance of judicial duties.
- No business or financial dealings that (a) may reasonably be perceived to exploit their judicial position, (b) involve them with any business, organization or activity that ordinarily will come before them, or (c) involve them in frequent transactions or continuing business relationships with "those lawyers or other persons likely to come before the court on which the judge serves." 22 NYCRR 100.4(D)(1).
- No "appointment or employment as a peace officer or police officer." 22 NYCRR 100.4(C)(2)(b).
- The Committee has read these restrictions expansively to preclude outside employment that is quasi-law enforcement or quasi-prosecutorial in nature.

Actor

Opinion 16-83 May a part-time judge portray a judge in a commercial film?

Opinion 07-79 A part-time judge may engage in employment as a free-lance actor.

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Asset Protection Specialist

Opinion 22-128 A part-time town justice may not maintain employment as an "asset protection specialist" for a large retail chain.

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Assigned Counsel Administrator

Opinion 23-66 A part-time judge may serve as administrator of the assigned counsel program in a different county from the county where the judge presides.

Opinion 18-149 A part-time judge whose court has a significant criminal calendar, in which most defendants are represented by assigned counsel at arraignment, may not serve as deputy administrator of the assigned counsel program.

Opinion 17-141 Although a part-time judge may accept 18-B assignments, he/she may not serve as administrator of the county's 18-B plan, even if a bar association initially reviews the 18-B vouchers for irregularities.

Opinion 09-178 A town justice should not also serve as administrator of the county’s assigned counsel program or conflict defender’s office.

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Code Enforcement Officer

Please Note: At its June 17, 2021 meeting, the Committee reviewed two conflicting lines of opinions and determined that a part-time judge may not serve as a code enforcement officer in any jurisdiction, for the reasons set forth in Opinions 00-04, 03-97, 07-75, 09-31, 09-235 and 17-36, even if alleged code violations do not involve peace officers. Accordingly, Opinions 08-184 and 14-18 are overruled and Opinion 15-205 is modified to the extent inconsistent with this view.

Opinion 14-18 Is it ethically permissible for a part-time judge to be employed as a zoning code official in a town 30 miles away from the town in which the judge presides as town justice?

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Dispatcher

Opinion 21-189 A part-time judge may not maintain concurrent civilian employment as a dispatcher with the State University of New York police in the same county where the judge presides.

Opinion 17-125 A part-time village justice may hold full-time employment as a training director with a city's independent emergency communications department, where he/she oversees training of an all-civilian staff and does not supervise dispatchers or perform dispatch duties.

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Executive Director of a Not-for-Profit

Opinion 22-48 May a part-time city court judge serve concurrently as a full-time executive director of a not-for-profit center for social and criminal justice, where the center will operate a mental health treatment facility that will not accept any defendants from the judge's jurisdiction?

Opinion 17-103 May a part-time City Court judge also serve as a full-time Executive Director of a not-for-profit alcohol treatment program, to which the judge indirectly makes referrals?

Opinion 17-102 May a part-time City Court judge also serve as a full-time Executive Director of a not-for-profit center for social and criminal justice?

Opinion 09-131 A candidate for part-time judicial office who is employed as Deputy Executive Director and Director of Advocacy of a non-profit organization dedicated to the reform of the state court system, may continue to hold that position if his/her bid for election to judicial office is successful subject to the applicable limitations set forth in the Rules Governing Judicial Conduct.

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Expert Witness

Opinion 13-85 A part-time judge, retained as an expert witness, may include his/her judicial status in a curriculum vitae to be exchanged during discovery.

Opinion 12-138 A part-time judge who is knowledgeable about commercial truck driving, because of the judge's education, experience, employment, and credentials as a commercial truck driver and instructor, may accept employment as an expert witness on the subject of commercial truck driving in a Supreme Court case, provided that the party and/or attorney who retains the judge does not regularly appear before the judge. The judge must disqualify him/herself whenever the party or attorney appears in the judge's court, during the course of the employment and for two years after his/her services conclude and all fees are paid.

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Hearing Officer or Administrative Law Judge

Opinion 22-101 A part-time town justice may simultaneously serve as the chief administrative law judge for a town code administrative bureau in the same town.

Opinion 22-68 A part-time town justice may simultaneously serve as an administrative law judge for a town code administrative bureau in the same town.

Opinion 21-84 A part-time lawyer judge may serve as a non-partisan hearing officer for the state board of elections to conduct civil enforcement hearings.

Opinion 14-142 May a part-time judge serve as a hearing officer for the New York State Joint Commission on Public Ethics?

Opinion 09-91 May a part-time judge serve as a hearing officer for the County Health Department?

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Instructor/Consultant

See also "Extra-Judicial Activities - Speaking, Teaching, and Mentoring" for discussion of other general issues that may arise in the context of training or instruction.

Opinion 22-109 A part-time judge may engage in consulting services to deliver in-person classroom training on workplace violence prevention and other personal safety strategies, outside the county in which the judge presides, to civilian government and non-profit attendees, provided that the judge’s judicial title or status is not used or mentioned in any marketing efforts.

Opinion 22-01 May a part-time judge offer training and consultation to local city, town, and village governments regarding appropriate responses to “1st and 2nd Amendment audits”?

Opinion 15-181 May a part-time judge maintain concurrent employment with a private company which provides risk and threat assessments to various entities?

Opinion 10-163 A part-time judge who owns a small consulting company may provide consulting services to village officials in a neighboring county concerning establishing a village court.

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Investigator

Opinion 23-236 A part-time judge may maintain outside employment as an investigator for the Department of Social Services, where the judge’s responsibilities are limited to collecting information for applicants seeking public assistance.

Opinion 23-207 (1) A part-time judge who is a private investigator (a) may conduct surveillance and write reports for school districts in another county concerning extended sick leave employees, but (b) may not conduct investigations for a college regarding allegations of sexual harassment/assault.

Opinion 16-58 May a part-time judge conduct background investigations for the United States Office of Personnel Management?

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Journalist

Opinion 11-100 A part-time judge may be employed full-time as a news reporter, subject to certain limitations. As for subject matter, a reporter/judge may not cover cases pending or impending in the United States or its territories nor cover politically sponsored events.

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Police Officer or Police Chief

Opinion 22-117 A part-time town or village justice may not simultaneously serve as a Deputy Chief of the Veterans Affairs Police Department.

Opinion 18-158 May a part-time town justice serve as police chief for a neighboring village, where the village police do not appear in the town court and the position is a “part-time, administrative” one?

Opinion 12-189 May a part-time judge be employed as an Indian Nation police officer?

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Process Server

Opinion 10-127 A part-time judge may accept employment as a process server, but may provide such services only in matters that will not be heard in his/her court, either before the inquiring judge or his/her co-judge.

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Security Guard

Opinion 23-57 A town justice may provide armed security services at a restricted federal facility outside the jurisdiction where the judge presides, where the facility is not open to the public and the position does not involve police or peace officer status and is not authorized to make arrests.

Opinion 23-31 May a part-time town justice accept employment as a security guard/usher for university sports games in a neighboring county?

Opinion 20-54 A part-time judge may serve as the security manager for a local racetrack, which is outside the jurisdiction of his/her court.

Opinion 15-181 May a part-time judge maintain concurrent employment with a private company which provides risk and threat assessments to various entities?

Opinion 15-158 May a non-judge who is currently employed as a peace officer in a community college resign his/her peace officer status and accept a new role as a campus security officer for the same institution, after becoming a part-time judge in a nearby municipality?

Opinion 14-44 May a part-time town justice also maintain employment as an investigator for the county Department of Social Services?

Opinion 13-93 May a part-time judge obtain a "Watch Guard Patrol License" and operate his/her own security agency?

Opinion 11-102 May a part-time town justice work during the winter months as a safety/security manager at a ski resort?

Opinion 11-11 A part-time non-lawyer judge may accept employment with a private security firm to work as a “security guard” at a warehouse located within the geographic jurisdiction of the judge’s court where the position would not confer peace officer status and the judge would have no authority to make arrests, provided that the judge disqualifies him/herself from any proceeding that involves the security firm or the warehouse and further provided that the position does not interfere with the proper performance of the judge’s judicial duties.

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Stop-DWI Coordinator

Opinion 20-04 A town justice may not serve as Stop-DWI Coordinator, even in another county.

Opinion 09-122 May a part-time judge ... (2) be employed as a STOP DWI Coordinator? [Answer: No.]

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Teacher or Professor

Note: This section focuses on a part-time judge's outside employment as a teacher or professor. See "Extra-Judicial Activities - Speaking, Teaching, and Mentoring" for discussion of other general issues.

Opinion 23-02 A part-time town justice, who is a high school teacher, may comment in the classroom on a pending or impending case arising in another jurisdiction. The judge may not reference specific cases in the judge's court unless and until those cases are completely resolved, including any appeals that are pending. However, if students ask about matters relating to a pending or pending case in the judge's court, the judge may respond by guiding a discussion that seeks to examine all sides of any issue without offering a personal opinion or predicting how the matter should or will be decided.

Opinion 20-64 May a part-time lawyer judge ... (3) as a full-time college professor, comment on cases, regulations, or politics?

Opinion 19-32 A part-time judge who is also a full-time college professor may participate in an academic research project analyzing data from the local centralized arraignment part’s first year of operation, and accept compensation from the college for this work pursuant to a grant administered by the office of court administration.

Opinion 18-52 May a part-time village justice who is also a full-time college professor teach a college course in a correctional facility in another county?

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Wedding Officiant

Opinion 20-214 A part-time judge who is an ordained minister, and who is legally permitted to solemnize marriages in that capacity, may establish a for-profit business to solemnize marriages as an ordained minister and advertise such business, provided there is no use, mention or connection to the judge's judicial status.

Opinion 16-10 May a part-time judge place classified ads indicating his/her availability to officiate marriages? [Answer: No.]

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Banks and Financial Institutions

Opinion 20-76 A part-time judge may accept temporary employment with a bank to assist in evaluating loan applications from small businesses under the federal Paycheck Protection Program.

Opinion 13-165 A part-time judge, who is a member of a bank’s advisory board, may publicize the bank’s current promotion, in which customers who are referred by a member of the advisory board will receive $100, provided he/she does not identify him/herself as a judge or otherwise use his/her judicial title in connection with this commercial activity.

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Bars and Restaurants

Opinion 13-105 Is it ethically permissible for a part-time judge to work as a bartender in a town that adjoins the town where the judge presides?

Opinion 12-110 May a part-time judge (1) be a restaurant owner and have their name on a liquor license?

Opinion 12-91 A part-time judge may, to the extent legally permitted, authorize his/her restaurant to promote sales by advertising that the restaurant will contribute part of its sales to a not-for-profit organization, provided that the judge's name and judicial office are not associated with the promotion.

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Corrections-Related Employment

Opinion 23-42 A part-time town justice may serve as a Nurse Clinic Manager for a county correctional facility in the same county, but must disqualify from any matter involving an inmate for whom the judge personally reviewed the inmate’s medical file or otherwise personally participated in the inmate’s care, either directly or as a supervisor.

Opinion 22-127 A part-time town justice may serve as a per diem chaplain for the Department of Corrections and Community Supervision in another county, but must disqualify from any case involving an inmate to whom they rendered pastoral care or assistance.

Opinion 20-95 A part-time judge may not serve as a business agent for a correction officers' union.

Opinion 20-33 A part-time judge may not serve concurrently as business agent for a correction officers’ union, where the role requires representing the interests of corrections officers in the legislative or political sphere.

Opinion 18-52 May a part-time village justice who is also a full-time college professor teach a college course in a correctional facility in another county?

Opinion 13-25 May a part-time judge accept employment as an Offender Rehabilitation Coordinator at a correctional facility?

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Emergency Services (Medicine or Fire)

Opinion 17-173 A part-time judge may not supervise the emergency medical services division in the sheriff's office in the county where the judge presides.

Opinion 18-187 May a town justice serve as the appointed Secretary-Treasurer for the Fire District in the same town in which he/she serves?

Opinion 18-152 A part-time town justice may simultaneously serve as the appointed treasurer of the town’s taxpayer-supported fire district, where the judge has no involvement in the budgeting process but instead pays invoices after the fire commissioners’ approval.

Opinion 15-20 May a town justice accept concurrent employment as a County Emergency Medical Services Coordinator?

Opinion 12-66 May a town justice serve as the elected Fire Commissioner of a Fire District for a hamlet within the town?

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Law Enforcement Agency or Academy as Employer or Client

Opinion 23-207 (2) A part-time judge may, as an instructor for a private company, present training to law enforcement regarding implicit bias and other types of biases.

Opinion 23-11 A part-time judge may maintain employment in a child advocacy center within a law enforcement office in a county different from where the judge presides.

Opinion 22-136 A part-time town justice may not simultaneously be employed part-time as a community school liaison with the county sheriff’s office.

Opinion 22-05 A part-time judge may serve as an applications systems analyst for the university police of a private, not-for-profit university in another county.

Opinion 21-173 A town justice may not accept employment as confidential secretary to the county sheriff, where the court’s calendar includes a substantial number of tickets issued by the sheriff’s deputies.

Opinion 18-11 May a part-time judge accept seasonal employment with a private company owned by two deputy sheriffs who are employed in the same county, where these deputy sheriffs, and others subject to their supervision, are likely to issue tickets in matters which will be heard in the judge’s court.

Opinion 17-173 A part-time judge may not supervise the emergency medical services division in the sheriff's office in the county where the judge presides.

Opinion 17-42 May a part-time judge also be a full-time academic SUNY employee administering and overseeing a SUNY-hosted police cadet academy?

Opinion 13-130 A part-time judge may not maintain simultaneous employment as a pistol permit clerk in the local sheriff’s department.

Opinion 13-66 A part-time judge may not conduct a management study for the police department that appears in the judge’s court.

Opinion 09-210/09-228 (1) A candidate for town justice may not continue his/her employment as a Magnetometer Screening Officer for a nearby city police department after taking office.

Opinion 09-101 A part-time town justice who owns an automotive towing service should not accept referrals for towing services from law enforcement agencies that appear in the justice's court, and should disqualify him/herself, subject to remittal, in proceedings arising from incidents where the judge's towing service was used.

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Probation Department as Employer

Opinion 11-59 A part-time judge may not simultaneously be the office manager for the county probation department that serves the same county where the judge’s court is located.

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Same Town or Village

This section focuses on a town or village justice taking on additional employment with or for the same town or village in which he/she presides. For outside employment with other towns or villages, see "Local Government"

Opinion 22-101 A part-time town justice may simultaneously serve as the chief administrative law judge for a town code administrative bureau in the same town.

Opinion 22-68 A part-time town justice may simultaneously serve as an administrative law judge for a town code administrative bureau in the same town.

Opinion 22-28 (1) An associate village justice may not simultaneously serve as deputy clerk/treasurer for the village. (2) An associate village justice may serve as ... (b) deputy registrar of vital statistics for the village.

Opinion 19-07 A part-time town justice may be employed as a town trail maintenance worker, but must disqualify him/herself from cases in which his/her immediate supervisor or the department is a party, and from cases involving the trail. Remittal may be available.

Opinion 18-148 A part-time justice may accept employment as a contract worker to review the court’s old files for destruction or preservation according to the Office of Court Administration’s records maintenance guidelines.

Opinion 16-87 May a town justice serve as the workplace ombudsman for aggrieved town employees?

Opinion 15-116 May a part-time town justice accept appointment as the town's tax collector?

Opinion 13-23 A part-time town justice may accept appointment to the compensated part-time position of historian for the same municipality in which he/she presides.

Opinion 12-188 May a town/village justice continue to serve as treasurer and service provider for a not-for-profit organization that provides services to the municipality in which the judge presides, where the services involve feral and abandoned animals and the municipality compensates the organization on a per animal basis?

Opinion 12-73 A part-time judge may serve as a school tax collector in the municipality where the judge presides.

Opinion 11-141 May a town justice also work for the Town Department of Public Works as a truck driver and laborer?

Opinion 11-70 A part-time town judge may serve as curator of the town museum, as long as the position does not conflict or interfere with the proper performance of the judge’s duties, the judge does not personally participate in the solicitation of funds or other fund-raising activities, and the judge does not use or permit the use of the prestige of judicial office for fund-raising or membership solicitation.

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Local Government (City, School District, Town, or Village)

Opinion 24-118 A village justice may accept employment as an administrative assistant to a town board where the town has no authority over village governance and no involvement in setting the village budget or the judge’s salary.

Opinion 24-100 A town justice who is a notary public may notarize documents as part of his/her duties as appointed village treasurer, provided he/she does so strictly as a notary public without reference to his/her judicial title or status.

Opinion 24-45 A part-time town justice may also serve as appointed village treasurer of a village within the town.

Opinion 23-65 May a part-time judge who is also employed with a school district be a member of the Classified Employees Association and United Teachers unions, given that these unions are active in politics?

Opinion 22-28 (2) An associate village justice may serve as (a) deputy clerk/treasurer for the town which encompasses the village, ... and/or (c) deputy registrar of vital Statistics for the town.

Opinion 22-77 A part-time judge may serve as an inspector of election in a school board election but may not serve in the capacity of chairperson, poll clerk or assistant poll clerk.

Opinion 22-01 May a part-time judge offer training and consultation to local city, town, and village governments regarding appropriate responses to “1st and 2nd Amendment audits”?

Opinion 14-18 Is it ethically permissible for a part-time judge to be employed as a zoning code official in a town 30 miles away from the town in which the judge presides as town justice? [NOTE: Answer is No.]

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County Government

Opinion 18-07 May a part-time town justice also serve as a county employee in the same county where he/she presides, either as (1) a senior network administrator for the county government’s information technology department or as (2) director of information technology for the county?

Opinion 17-46 A part-time judge may also serve as head of a county agency responsible for enforcing a particular county law, where the agency is the licensing authority for an industry and has authority to commence civil administrative proceedings but (i) is unlikely to be involved directly or indirectly in any cases in the judge's court, (ii) has no authority to prosecute legal or criminal proceedings in any court, and (iii) has no police powers or functions.

Opinion 14-176 May a part-time justice also be employed as Head Automotive Mechanic for the County Department of Public Works?

Opinion 14-66 A part-time judge who is also a high-level employee of the county government: (1) may allocate funds annually to the probation department’s probation employment program, provided it does not result in the judge’s frequent disqualification; (2) must not personally participate in the solicitation of funds, but may manage other county employees who will engage in such solicitations on behalf of the county office or department for which the judge works; and (3) may meet with elected officials to advocate for maintenance of services to a particular category of individuals, subject to certain limitations.

Opinion 13-119 Is it ethically permissible for a non-lawyer/town justice to accept a full time civil service position with the county Department of Motor Vehicles?

Opinion 12-158 May a part-time judge serve as a County's Veterans' Counselor?

Opinion 12-30 A part-time judge may be employed as clerk to the county legislature and may, in that capacity, attend the year-end majority caucus solely to seek the nomination for reappointment as clerk for the following year.

Opinion 10-200/11-74 A part-time town justice may not serve simultaneously as County Manager and Budget Officer for the county in which the judge presides, where the position oversees the budgets of all county departments, including the local district attorney and public defender whose attorneys will appear before the judge. Even if it is technically feasible for the County Manager and Budget Officer to insulate him/herself from those portions of the county’s integrated budget, such insulation would not be sufficient to overcome the appearance of impropriety and incompatibility.

Opinion 09-238 (1) A newly elected part-time town justice who is employed by the county health department may not continue to participate in Adolescent Tobacco Use Prevention Act (ATUPA) enforcement activities for the department after he/she takes office.

Opinion 09-91 May a part-time judge serve as a hearing officer for the County Health Department?

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State or Federal Government or Airport Authority

Opinion 24-150 Where a part-time village justice’s jurisdiction excludes any family court matters or alleged family court offenses, the judge may concurrently maintain full-time outside employment as a special advisor to the Commissioner of the Office of Children and Family Services on the agency’s policies, programs, and initiatives.

Opinion 21-84 A part-time judge may serve as a non-partisan hearing officer for the state board of elections to conduct civil enforcement hearings.

Opinion 20-123 A town justice may also work as a legal assistant at the appeals and opinions bureau of the attorney general’s office.

Opinion 18-77 A part-time judge may maintain concurrent employment as the chief financial officer/treasurer for an airport authority, whose employment duties include oversight of accounting and financial affairs, information technology services, purchasing and procurement and do not involve fund-raising or law enforcement functions.

Opinion 14-142 A part-time judge may serve as a hearing officer for the New York State Joint Commission on Public Ethics, provided such service is legally permissible.

Opinion 14-129(A) A JHO may serve as a hearing officer for the New York State Joint Commission on Public Ethics, provided such service is legally permissible.

Opinion 09-210/09-228 (2) A part-time town or village justice may not accept a position with the Department of Homeland Security as a Transportation Security Officer.

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Judiciary

This section collects opinions about a part-time judge taking on additional employment with or for the judiciary, other than as a Unified Court System employee.
For issues about concurrent employment as a Unified Court System employee and a part-time judge, see Dual Employment within the Judiciary

Opinion 22-171 May an appointed associate village justice also serve as elected town justice for the town in which the village is located?

Opinion 22-53 May a town court clerk also serve as town justice in the same two-judge, two-clerk town court?

Opinion 20-164 Whether or not a judge may hold two part-time judicial positions in the same municipal court is a legal question beyond this Committee’s jurisdiction. If it is determined that the dual service described is legally permissible, such serving would not otherwise violate any ethics rules or principles under Part 100. If there is a legal impediment to such service, the judge may not so serve.

Opinion 19-04 Must a town justice who also serves as an OCA approved transcriptionist disclose he/she has provided transcription services to attorneys when they appear before him/her?

Opinion 17-136 May a part-time town justice accept paid employment as an advisor to a consulting firm which was retained by a municipality (other than the one in which he/she sits) to conduct a study on the feasibility of subsuming its village court into the larger town court?

Opinion 17-58 A village court clerk may not accept appointment as associate village justice of the same court, even where he/she would act only in the absence of the other village justice.

Opinion 16-53 The Committee has previously advised that a judge in a two-judge court may not also serve as that court’s clerk because the two positions are ethically incompatible.

Opinion 12-175 An individual who is a part-time judge and has a co-judge may not also serve in the same court as a part-time court attorney.

Opinion 11-92 (1) A part-time town judge may perform administrative duties normally assigned to a court clerk and may be separately compensated for performing those duties, to the extent it is legally permissible for the part-time town judge to do so, and subject to the Rules Governing Judicial Conduct. (2) Whether a part-time town judge [in a court with one judge and two court clerks] may also be appointed to serve as a co-court clerk is a question of law that is beyond the Committee’s jurisdiction. [Note: Footnote 2 states: “If there were two judges in the inquirer’s court, this Committee’s prior Opinions would unquestionably preclude him/her from serving as their court clerk.” See also e.g. Opinions 17-58; 16-53.]

Opinion 10-163 A part-time judge who owns a small consulting company may provide consulting services to village officials in a neighboring county concerning establishing a village court.

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Uncategorized / Other - Miscellaneous Outside Employment

Opinion 22-106 A town judge should not accompany town board members and/or engineers to visit property owners and provide information about a project that benefits the judge’s outside employer.

Opinion 15-181 May a part-time judge maintain concurrent employment with a private company which provides risk and threat assessments to various entities?

Opinion 14-98 Under the circumstances presented, a part-time lawyer judge may enter into an agreement with a private company to provide security and marketing services as a subcontractor, even though the private company has a separate contractual relationship with a not-for-profit organization whose counsel regularly appears before the judge.

Opinion 13-14 May a part-time judge accept employment with a not-for-profit organization or a law firm to perform services that would include meeting with state and local governmental officials, providing the employer with legal and policy analysis of pending legislation, appearing at hearings before executive agencies and legislative bodies, advocating for and seeking the passage of legislation that advances the policies and interests of the not-for-profit organization or law firm clients, and performing trainings on policy, legislation, and laws to educate the constituencies of the not-for-profit or to promote the interest of the law firm’s clients?

Opinion 09-03 A part-time judge who is not a lawyer, but who represents landlords in court proceedings pursuant to a Power of Attorney and also advises and assists “clients” about eviction proceedings, is subject to the same restrictions applicable to lawyer judges, both when he/she appears before other lawyer judges presiding in other courts in the same county where he/she presides and when he/she sits as the presiding judge.

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Dual Employment within the Judiciary

(See also "Conflicts - Court Personnel's Concurrent Employment as Part-time Judge." For additional outside employment within the judiciary, other than as a Unified Court System employee, see the judiciary sector opinions above. )

Opinion 24-107 Where a part-time town justice is also a court attorney/law clerk in city court: (1) the judge may conduct arraignments in the centralized arraignment part on cases originating in the city court, but must be insulated from those cases as a court attorney/law clerk, and the insulation and the basis for it must be disclosed on the record to all parties and their counsel; (2) the judge may arraign warrants issued by the city court where he/she serves as a court attorney/law clerk, assuming the judge is not otherwise disqualified in the matter; and (3) whether the judge may decline to serve in the centralized arraignment part is primarily an administrative question, rather than an ethical one.

Opinion 24-69 The Rules Governing Judicial Conduct do not prohibit a town justice from simultaneously serving as commissioner of jurors and as chief clerk of the Supreme and County Court, subject to appropriate administrative approvals.

Opinion 23-97 Must a part-time town justice, who is also a full-time law clerk to a county court judge in the same county, be insulated in county court from all cases that he/she arraigned in the centralized arraignment part?

Opinion 23-17 Will the Committee reconsider Opinion 22-131, based on the provided details of specific assignments as family court chief clerk/court clerk and town justice in the same county? Is there a time limit on the insulation and disqualification obligations set forth in Opinion 22-131?

Opinion 22-188 May a part-time town justice maintain concurrent full-time employment with the Unified Court System in another county, as a Court Assistant?

Opinion 22-131 A town justice who is also a court clerk in family court may not preside over a justice court criminal case, where the defendant is also a party in a family court action involving similar allegations and the town justice previously heard allegations or testimony pertaining to that case in family court.

Opinion 22-09 A part-time judge may also serve as a deputy district executive in the same judicial district, subject to applicable administrative approvals.

Opinion 20-64 May a part-time lawyer judge ... (4) accept full-time employment as chief clerk of the County Court?

Opinion 19-71 A town justice who also serves as principal court attorney in superior court for a designated youth part judge: (1) may arraign adolescent offenders in the county's centralized arraignment part; (2) must be insulated as a court attorney from (a) cases he/she arraigned in the centralized arraignment part and (b) all cases originating in or appealed from the town court; but (3) need not otherwise be insulated as a court attorney from adolescent offender cases merely because they were arraigned in the centralized arraignment part

Opinion 19-16 A part-time justice who also serves as full-time secretary to a superior court judge is disqualified in cases involving the superior court judge’s spouse’s law firm.

Opinion 19-12 A town justice who also serves as a superior court law clerk must be insulated as a law clerk from all matters originating in the town court, and the insulation is not subject to waiver or remittal.

Opinion 19-05 A town justice who serves as a court attorney to a multi-bench county court judge: (1) must be insulated in the superior court from (a) all matters originating in the town court in which he/she presides and (b) every matter that touches on an incident over which the court attorney presided as a town justice, even if it was a completely separate case; (2) may preside in a town court criminal case involving a defendant who is also appearing before the superior court judge, even if the town court case may be resolved by a guilty plea in the superior court, provided the justice is insulated from the superior court criminal case; and (3) may not preside in a town court case involving a party who previously appeared before him/her as a court attorney in superior court for a pretrial conference of a family court matter.

Opinion 18-162 May a town justice serve concurrently as a JHO?

Opinion 18-184 A part-time judge who is also a law clerk to a full-time judge in a criminal part may not avoid insulation as a law clerk in matters originating in his/her court by allowing his/her co-judges to assume responsibility for all felony arraignments, felony hearings and other felony-related criminal proceedings in that court.

Opinion 18-23/18-56 (1) A County Court judge whose full-time court attorney is also a town justice within the same county must insulate the court attorney from every matter that touches on an incident over which the court attorney presided as a town court justice, even if it was a completely separate case. The insulation must also be disclosed on the record to all parties and their counsel~~, and, since disclosure is mandated here in lieu of outright disqualification, the County Court judge must recuse if any party appears without counsel~~. (2) A town justice who is a full-time law clerk to a superior court judge may preside over criminal matters returned to the originating court, provided he/she was insulated from such matters as a law clerk. [NOTE: Modified by Opinion 21-22(A), which abolishes the "pro se remittal" rule.]

Opinion 17-184 May a support magistrate also serve as a part-time town justice?

Opinion 17-171 May a part-time town or village justice serve as law clerk to a Supreme Court Justice?

Seeking Post-Judicial Employment or Appointment

This section collections opinions about exploring or seeking post-election or post-retirement employment outside the Unified Court System, including appointive non-judicial public office.

Seeking elective non-judicial public office may trigger the "resign-to-run" rule (22 NYCRR 100.0[A]; 100.5[B]).
For a discussion of potential conflicts involving prospective employers, see "Conflicts - Seeking Post-Judicial Employment"

Opinion 23-112 (1) A full-time judge seeking a post-judicial retirement professorship at a private law school may participate in the application process by submitting a research agenda, giving a “job talk” presentation, and interviewing with different segments of the law school community, subject to generally applicable limitations on judicial speech and conduct. (2) The “academic exception” to the public comment rule applies when a judge is applying for employment as a full-time law professor, and therefore the judge may discuss pending or impending cases in other jurisdictions. (3) With respect to pending or impending cases in the judge’s jurisdiction, the judge may, during the application process, (a) respond to questions by guiding a discussion that seeks to examine all sides of an issue without offering a personal opinion or predicting how the matter should or will be decided and/or (b) provide minimal and essentially factual commentary on changes in the law by noting the nature and extent of changes, unresolved questions, regional differences, and procedural impacts that are clear on the face of the decision, provided the judge does not resolve ambiguities or otherwise interpret the opinions described and does not express subjective praise or criticism of them.

Opinion 22-99 A full-time judge may meet with a commercial television producer and their creative team to discuss a possible television show involving the criminal justice system, even if the meeting could result in an employment offer or business opportunity which the judge cannot commence without resigning from judicial office.

Opinion 21-156 A full-time judge may apply for an appointment as a federal administrative law judge and go through background checks and salary negotiations prior to acceptance of an offer. The judge may continue to serve in the state judiciary post-acceptance until the day before starting work as administrative law judge.

Opinion 20-176 A full-time judge may seek post-retirement listing on an ADR Provider’s roster. The judge need not disclose or disqualify in matters involving the “appeal” of decisions made by the ADR Provider’s special masters unless the ADR Provider itself appears or has a financial interest in the outcome of the proceeding.

Opinion 15-176 A judge may reveal, discuss and explore his/her interest in receiving an interim appointment to non-judicial office with the public official who will make that decision if the position becomes vacant.

Opinion 11-18/11-42 A full-time judge may apply for a position as a School Superintendent, School District Administrator, or as a private arbitrator even though the judge must resign or retire from judicial office if and when he/she is ultimately hired for the position.

Ownership Interests or Active Participation in a Business; Investments; Ownership, Management or Rental of Real Property

When reviewing these digests and opinions, please note that Part 100 distinguishes between full-time and part-time judges with respect to most business activities.

Sub-topics: Real Property Ownership | Business Entity Engaged Solely in Investment of Judge's Family's Financial Resources | Intellectual Property Ownership | Passive Investor or Shareholder | Promotion of Business or Commercial Interests; Misuse of Judicial Prestige | Officer, Director, Manager, Employee, General Partner, Advisor, Employee or Other Active Participant

Real Property Ownership

(22 NYCRR 100.4[D][2])

Opinion 24-149 Where a full-time judge and their sibling are the sole owners and officers of a corporation that owns a vacant lot, the judge may allow the corporation to enter into a lease agreement with a developer to build a mixed-use building on the lot and thereafter may either manage the building directly as landlords to retail and residential tenants or may permit a third party to manage it.

Opinion 23-202 A quasi-judicial official may purchase a home at a court-conducted auction or through an online auction platform, provided he/she had no involvement in the home foreclosure and does not lend, or appear to lend, the prestige of quasi-judicial office to influence the sale.

Opinion 22-11 May a new part-time judge continue to: ... (2) maintain a real estate brokers license; (3) own real estate rental properties, whether individually or with their siblings, and either directly or as a member of an LLC?

Opinion 21-154 A full-time judge (1) may hold shares in a family-held limited liability company that owns real estate, and participate in management of the company’s real estate investment, but (2) must not manage, operate, or otherwise actively participate in a family-held bar business that operates on the company’s real estate.

Opinion 21-22(B) (1) Where a full-time judge solely owns certain rental properties through a solely owned limited liability company, the judge: (a) may advertise those properties via social media or other lawful means, provided such advertisements do not mention the judge’s judicial status; (b) need not prohibit current tenants from forwarding or sharing such advertisements; (c) may, to the extent permitted by law, enter into a business arrangement providing a current tenant with a rent credit for referring new tenants, again assuming the judge’s judicial status will not be referenced; (d) is disqualified, subject to remittal, from presiding over matters involving current tenants; and (e) may not appoint or re-appoint current tenants to positions such as assigned counsel or attorney for the child. (2) If the judge’s relationship with an attorney tenant results in frequent disqualifications, the judge must either terminate the landlord/tenant relationship or divest the investment.

Opinion 19-62 A full-time judge may rent an apartment to a court officer who sometimes serves in his/her court.

Opinion 18-179 May a full-time judge continue to: 1) serve as an officer and manager of several LLCs that own commercial properties, where the judge and his/her sibling are the sole members of the LLCs; 2) pool monies from these family-owned LLCs to purchase and develop additional residential properties in another jurisdiction; 3) own a realty development corporation which is engaged in constructing a residential property in another jurisdiction; and 4) rent a commercial property in another jurisdiction to a variety of tenants, including attorneys?

Opinion 16-80 May a full-time judge hold ownership interests in a limited liability company that owns income-producing property, along with the judge's spouse? Does it matter whether the judge holds such interests in an individual capacity or as a trustee of a beneficial trust for a family member?

Opinion 14-71 Is it ethically permissible for a part-time judge to lease certain real property the judge owns to a business entity, where the entity's proposed use of the judge’s property will require obtaining certain approvals from the municipality where the property is located and could also lead to public hearings concerning the proposal?

Opinion 10-203(B) ... (2) A judge may be a member with his/her siblings of an LLC that will own several pieces of real estate.

Opinion 10-193 (1) A full-time judge may not take an active role in the management or operation of any real property that he/she co-owns as a tenant-in-common with a person who is not a member of his/her family and may not appear in court on matters relating to such property to the extent that he/she would be representing not only his/her own interest, but also that of his/her tenant-in-common. (2) A full-time judge may manage real estate as the sole member of the limited liability corporation that owns the property. To the extent legally permitted, the judge may appear pro se on behalf of the limited liability corporation unless the corporation is required by law to appear by or through counsel.

Opinion 10-77 A judge may serve as an officer of family corporations that invest in real estate.

Opinion 10-37 A town justice who owns shares in a corporation that leases office space to the same town in which the judge presides must disqualify him/herself when the town appears in the judge’s court or, if the need for disqualification is frequent, must divest him/herself of the ownership interest in the corporation.

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Business Entity Engaged Solely in Investment of Judge's Family's Financial Resources

(22 NYCRR 100.4[D][2]; 100.4[D][3][b])

Opinion 17-156 What steps should a full-time judge take on realizing that his/her membership in a for-profit investment club with non-relatives is not permissible?

Opinion 14-89 A judge may form a general partnership with his/her first cousins that will operate as an investment club, where the club will invest solely the financial resources of the judge and his/her cousins.

Opinion 09-85 ... A full-time judge may not be a director of any business entity except one engaged solely in investment of the judge’s or his/her family members’ financial resources.

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Intellectual Property Ownership

(22 NYCRR 100.4[D][2]; 100.4[D][3][b])

Opinion 24-87 A full-time judge who is one of the credited writers of a screenplay may permit his/her biography to be included in a screenplay pitch packet which will be circulated to seek funding for the proposed film. The judge’s judicial status may be mentioned in the biography, but must not be used for promotion of the screenplay or any resulting film.

Opinion 23-214 A full-time judge who has co-authored a screenplay on a topic unrelated to the law may not use the judge’s judicial title to solicit agents and movie producers for the screenplay, and should likewise instruct the judge’s co-authors not to use the judge’s judicial title in promoting the screenplay.

Opinion 23-116 A judicial association may enter into a licensing agreement with a vendor to create and sell themed products to association members, provided such agreement is non-transferable, and the association prohibits the vendor from using the association's name in any advertising or listing the association as a customer/client.

Opinion 20-102 A full-time judge may obtain a patent and license it to another.

Opinion 19-60 A full-time judge may be an officer of a company owned solely by his/her third-degree relative, where the company is engaged solely in the business of holding and managing certain intellectual property assets created by a deceased relative.

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Passive Investor or Shareholder

(22 NYCRR 100.4[D][2]-[4])

Opinion 24-97 A judge may provide a loan to a friend who is seeking money to start a personal fitness business, where the loan will be repaid to the judge with interest and the judge will not be a partner in the business nor have an equity share or active participation in running the business as a director, manager, or advisor.

Opinion 23-100 May a full-time judge invest in a cannabis company which has an active state license to operate a retail dispensary in New York? May the judge’s spouse and other relatives, who are neither judges nor employees of the Unified Court System, invest in, consult for, or be employed by a cannabis company?

Opinion 20-208 Where a publicly traded company’s sole purpose is the sale of medicinal and recreational marijuana and other cannabis-related products, a judge may not invest in the company if it is operating in the United States in violation of federal law.

Opinion 20-187 May a full-time judge be a limited liability partner in a limited liability partnership which will apply to be a franchisee of a for-profit business, where the judge would only be a “passive investor” and “would not be involved in day-to-day operations or management of personnel” if the application is successful?

Opinion 18-169 A full-time judge may not be a founder of, or serve as an officer in, a business entity that will broker sales of state-licensed marijuana dispensaries in another state. The judge may, however, be a minority shareholder in the company, provided he/she is a purely passive investor with no other role.

Opinion 17-52 May a full-time judge hold a small percentage ownership in a limited liability company his/her spouse is forming to provide consulting services in his/her field, where the judge will not have any active role in the management or control of the business?

Opinion 13-84 A full-time judge may be a shareholder in a closely held consulting business owned by the judge’s non-attorney spouse, and may also be included in a family photograph that will be posted on the website or other advertisements for that business, provided that no reference is made to the judge’s judicial title or position and the judge does not appear in a judicial robe or setting.

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Promotion of Business or Commercial Interests; Misuse of Judicial Prestige

(22 NYCRR 100.2[C])
see also Testimonials; Feedback; Reviews

Opinion 24-166 Assuming permission is granted under 22 NYCRR 29.1(a), a judge may hire a professional photographer at the judge’s own expense to take the judge’s picture wearing a judicial robe in the courtroom at the bench during open, non-court hours for the judge’s personal use to display in chambers or in the judge’s home.

Opinion 24-154 A town justice who practices law (1) may include on their law firm’s stationery and website the disclaimer that the firm cannot accept cases from the town, without reference to his/her judicial status; (2) may mention their judicial title within the body of their online law firm biography, but not in the heading of the biography or elsewhere on the law firm’s website or stationery.

Opinion 24-70 A full-time judge may not accept an invitation from the judge’s spouse to discuss legal issues arising in the judge’s court at a “lunch and learn” meeting sponsored by the spouse’s for-profit employer.

Opinion 23-140 (3) A judge may not promote local businesses and/or businesses operated by the judge’s friends, family, and classmates on social media.

Opinion 23-127 A judge may congratulate successful youth part participants with a handwritten note, but may not include the note in a gift bag of commercially branded promotional items.

Opinion 23-108 A judge may not accept an award prominently sponsored by a commercial entity, even where the award is unannounced and ancillary to a fund-raising event for a not-for-profit organization. However, nothing in the rules precludes the judge from attending the underlying fund-raiser.

Opinion 23-78 A judicial association may not consent to have its name listed as a client on a consultant’s website.

Opinion 23-25 (1) A full-time judge who learns that a law firm's website advertises its experience appearing before particular judges, and hosts individual biographical pages for those judges on its own website in a format that combines the judges' information with the solicitation of business, must request in writing that the firm take down these biographical pages and remove the associated links. (2) On these facts, reporting is not mandated; any exercise of the judge's disciplinary functions is left to the judge's sole discretion.

Opinion 22-107 Where the advertisements for a bar association’s free run/walk will promote a business entity as the sole sponsor of the run/walk as a reward or perk for the entity’s sponsorship of an upcoming fund-raiser, a judge (a) may not be advertised as the “run leader” for the run/walk, but (b) may nonetheless appear unannounced and lead the run/walk.

Opinion 21-73 A judge may not organize a virtual fashion show for judges which will (a) showcase the merchandise of a single producer of judicial robes or jewelry, (b) include a display by a single artist who creates and sells themed jewelry, or (c) display jewelry from judges’ personal collections accompanied by information about where the items were or can be purchased.

Opinion 20-214 A part-time judge who is an ordained minister, and who is legally permitted to solemnize marriages in that capacity, may establish a for-profit business to solemnize marriages as an ordained minister and advertise such business, provided there is no use, mention or connection to the judge's judicial status.

Opinion 20-158 An appellate division justice who learns that a law firm’s website features screen shots and video of the court’s oral arguments, in which the court’s justices are visible and readily identifiable, must ask the law firm to remove them. The court may, in its discretion, post a notice on its own website advising that images and videos of the court’s justices shown on the court’s website or otherwise may not be used to advance private interests or in furtherance of any commercial purpose. The court and its justices need not monitor lawyer websites but upon learning of any such misuse in the future, a justice should object and request that the offending images be removed.

Opinion 20-85 A judge may write and post a book review online, provided it is not for the purpose of promoting the book’s sale. The judge must not authorize use of the review on the book jacket or elsewhere to promote sales of the book.

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Officer, Director, Manager, Employee, General Partner, Advisor, Employee or Other Active Participant

(22 NYCRR 100.4[D][3])

Full-Time Judges

Opinion 20-155 May a full-time judge form a for-profit company to provide instruction and education on topics involving diversity, equity and inclusion?

Opinion 19-09 A full-time judge may take a multi-week improvisational comedy class from a for-profit entity, but may not perform in the graduation show, which charges admission. Additionally, the judge may perform a first-person story about his/her childhood or cultural background only if the entity producing the event is a non-profit and the show is not a fund-raiser. The analysis does not change if the judge performs anonymously and/or uses a pseudonym.

Part-Time Judges (Section 100.4[D][3] inapplicable)

Opinion 22-11 May a new part-time judge continue to ... (2) maintain a real estate brokers license; [and] (4) own an ATM business together with another individual, where the business owns several ATMs placed in local businesses and the judge stocks the ATMs and receives income from the surcharges paid by the customer?

Opinion 17-63 May a part-time judge form a company to manufacture and sell custom-made robes to other judges online?

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Gifts; Application for Scholarship, Fellowship, or the Like; Free Admission to Events

2023 Update: The Court of Appeals has approved deletion of the 22 NYCRR 100.4(H)(2) and 100.4(D)(5)(h) reporting requirement. See AO-347 for details of the change. However, a full-time judge's extra-judicial income may still need to be reported under Part 40; please consult the UCS Ethics Commission for guidance.
Free admission to an event (where other similarly situated attendees must pay) may be seen as a gift or favor and thus is included in this section. Where this issue is not implicated, see "Attending Educational Programs; Attending Other Non-Profit, Non-Political, Non-Fund-Raising Events."
For opinions concerning reimbursement of actual travel expenses reasonably incurred by the judge for an event where the judge will be playing some active role (e.g., guest speaker), see Reimbursement of Travel Expenses

Opinion 24-103 A quasi-judicial official may not accept an offer to stay at the vacation home of an attorney who regularly appears before him/her.

Opinion 24-89 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.

Opinion 24-88 A county court judge may not use the workout facilities at the county sheriff’s department that are available to “all county employees” at no charge.

Opinion 24-72 (1) When a court interpreter is needed for an off-hours arraignment and the judge determines that an interpreter approved by the Unified Court System is unavailable, it is ethically permissible for the judge to use an independent third-party interpreting service with the consent of the parties or their counsel. If the service requires use of a paid account which is not paid for by the Unified Court System or the municipality, the accountholder’s identity should be disclosed on the record. (2) The use and selection of any interpreting service raises primarily legal or administrative issues beyond our purview to address.

Opinion 23-238 A judge may accept an unsolicited offer from family members and close personal friends to pay for the judge’s induction ceremony, where these donors are individuals who are unlikely to come before the judge and whose appearance or interest in a case would in any event require the judge’s disqualification.

Opinion 23-79 A judge may accept a trade union’s offer of a social dinner and overnight accommodations at the union’s annual convention for the judge and their spouse, where the union and its members have not come, and are not likely to come, before the judge.

Opinion 23-51 A full-time judge may not request a fee waiver to enroll in online diversion courses that the prosecution seeks to require as a condition of a negotiated plea agreement.

Opinion 23-39 A quasi-judicial official whose significant other is a businessperson may take part in gifts and benefits provided by various businesses as their significant other's guest, where (1) the significant other and the business donors do not have, and are unlikely to have in the future, interests that are likely to come before the referee and (2) the receipt of such gifts would not create the impression that such businesses are in a special position to influence the referee.

Opinion 22-175 A judge may participate in a not-for-profit entity's "backpack program" which provides a personalized gift to each adoptee and/or adoptive parent following a finalized adoption.

Opinion 22-105 May a full-time judge attend an overseas educational trip as the guest of a not-for-profit entity that does not appear in the judge's court?

Opinion 22-72 A full-time criminal court judge who presides in a problem-solving court and makes referrals to a not-for-profit entity ... (3) may not accept complimentary tickets to attend the entity's lavish fund-raising gala, but may purchase tickets and attend the event.

Opinion 21-166 Although a full-time judge may serve on the board of trustees of a not-for-profit private school, the judge ... (3) may not negotiate a discounted fee with an attorney or law firm for legal services to the school.

Opinion 21-150 A judge may accept a law firm’s offer of pro bono representation for the purpose of filing a lawsuit to challenge the Unified Court System’s vaccine mandates, where the law firm has not come and is not likely to come before the judge, ~~subject to a reporting requirement if the value of the waived legal fees exceeds $150~~. The judge, however, may not disseminate a blanket email to all judges asking if any are interested in joining the proposed lawsuit. See AO-347 for rule change.

Opinion 21-95 May a judge attend, as a guest of the judge’s prosecutor spouse, the purely social aspects of a multi-day annual prosecutors’ conference, located in another part of the state?

Opinion 21-51 A full-time judge may accept a grant from a not-for-profit arts services organization and use it, to the extent legally permissible, to rent space for and/or provide honoraria to poets, in order to provide free poetry readings to the community.

Opinion 21-35 A judge may attend a sporting event or concert in a luxury box as a guest of the judge’s spouse, where use of the luxury box seats is a benefit incident to the spouse’s employment as officer of a company that is unlikely to come before the judge, and could not reasonably be perceived as intended to influence the judge in the performance of judicial duties.

Opinion 20-202 After receiving any administrative approvals that may be required, judges may collaborate with the Historical Society of the New York Courts on a project to contextualize existing art and memorials at the courthouse and install new thematic artworks created by artists from marginalized groups.

Opinion 19-127 (1) A part-time judge may attend out-of-state judicial education courses at the National Judicial College. (2) The judge may apply for and accept an educational grant or scholarship from: (a) the National Judicial College or (b) a County Traffic Safety Board, provided there is no financial or referral connection between the judge and the Board, and there is little likelihood that the Board's investigations and recommendations will become the subject matter of cases before the judge. (3) The judge may not request or accept funds for judicial education from a local Victim Impact Panel, where that organization's sole funding source is fees paid by defendants for attendance at court-ordered sessions.

Opinion 18-133 A judge may accept a prize resulting from his/her purchase of a winning raffle ticket at a charity event.

Opinion 18-124 A town justice, on behalf of the justice court, may accept a testamentary bequest so-ordered by the surrogate’s court to hold a holiday party at the courthouse. The court may invite lawyers to attend the party by posting notices with the bar association and/or at the courthouse.

Opinion 18-64 May a judge attend his/her former law firm’s lavish private anniversary dinner for current and former employees, where the firm and its lawyers do not appear before the judge?

Opinion 18-65 Where a town justice’s caseload includes a variety of cases involving the casino in his/her town, the judge (1) may accept routine perks such as “free play and food comps” from the local casino, provided the judge knows such perks are offered to all similarly situated patrons and the casino is not presently an active participant in a hearing or trial before the judge; but (2) must not accept the local casino’s invitation to attend lavish, expensive, or exclusive events.

Opinion 17-106 May a quasi-judicial official, whose young child has significant developmental and physical limitations, seek financial help and services offered by not-for-profit organizations for the benefit of such children and their families?

Opinion 17-87 May a full-time judge accept an anonymous gift of food, very modest in value, which was left in his/her chambers?

Opinion 17-80 May a judicial association accept a donation of food from a local restaurant for an upcoming cultural celebration open to the public?

Opinion 17-24 A full-time judge who presides in a high-volume part may hold annual or semi-annual meetings with the attorneys who appear before him/her to discuss administrative issues. These meetings may not involve catered meals paid for by attorneys, but the judge may host "brown bag luncheons" to which the participants may bring their own meals.

Opinion 16-176 A full-time judge may not accept a collectible music album from a press photographer who regularly covers cases in the inquiring judge's courtroom.

Opinion 16-02 A judge may not partner with, or commit the court to partner with, entities applying for a grant to create a domestic violence advocacy program. Nor may the judge or the court participate in the ongoing administration of the resulting advocacy program.

Opinion 15-122 May a judge accept the gift of a food platter from a former judge who has resumed the practice of law and is now practicing in the judge's court?

Opinion 15-90 May a judge accept an invitation to attend a bar association's annual dinner as the guest of a law firm, where the cost of the dinner is approximately $500?

Opinion 15-81 May a judge accept a bar association's gift of complimentary admission to an upcoming law-related conference for the judge and a guest, along with food and lodging expenses, where the total value of the gift is approximately $1500?

Opinion 15-72 May a full-time judge attend a dispute mediation service's volunteer recognition dinner?

Opinion 15-57 May a judge accept an invitation to attend and participate in an out-of-state conference on women and justice that is co-sponsored by a law school, a limited liability company, and a law firm? If so, may the judge accept the law school's offer to pay for the judge's accommodations?

Opinion 15-12 May a judge accept free tickets and parking vouchers for a game of his/her choice from a local sports team that has not recently appeared before the judge and is not likely to do so?

Opinion 14-74 A full-time judge may accept free admission to a continuing legal education seminar offered by a private legal training organization that is owned and/or operated by an attorney who has not appeared, and is not likely to appear, in the judge’s court, ~~subject to a reporting requirement if the value of the gift exceeds $150~~. In the event that the attorney later appears in the judge’s court, the judge’s obligation is to disclose the gift for a reasonable period of time following the seminar, and the length of such period of time is left entirely to the judge’s discretion after consideration of all relevant factors. See AO-347 rule change.

Opinion 14-69 It is ethically permissible for a judge to suggest that his/her wedding guests consider contributing to a charity of the guests’ choice in lieu of giving a wedding gift where the judge also asks the guests to omit any reference to his/her judicial title when sending the donation.

Opinion 13-151 Under the circumstances presented, the Rules Governing Judicial Conduct do not prohibit a court attorney-referee from accepting a gift from long-time former clients who live overseas and have divested themselves of their New York real estate holdings and with whom the court attorney-referee established a warm personal rapport during their prior professional relationship.

Opinion 13-142 A judge who presides in a collaborative problem-solving court may, on behalf of his/her court, accept an award and associated monetary grant to the court from a not-for-profit organization at a non-fund-raising event and may make appropriate remarks to express appreciation for the award.

Opinion 12-185 A judge may accept an invitation to be the dinner guest of attorneys who have regularly appeared in the judge's court, if the dinner qualifies as ordinary social hospitality.

Opinion 12-177 A newly elected full-time judge may continue to participate in a variety of extra-judicial activities subject to the limitations set forth in the Rules Governing Judicial Conduct and may accept gifts of a gavel or judicial robe from members of his/her family.

Opinion 12-106 A trial judge may invite other trial judges, who are not subject to his/her supervision, to make voluntary donations to a relief fund set up for a judicial colleague who suffered devastating losses to his/her home and personal possessions. The funds may then be given as a gift to the receiving judge, subject to any applicable reporting requirements.

Opinion 12-90 May a judge attend the wedding of a former colleague who regularly appears before them in court as an attorney? What will the judge's ethical obligations be in matters involving the attorney if the judge attends the wedding and gives a gift?

Opinion 12-22 A part-time judge ... (5) may accept a grant or fellowship for any permissible purpose, provided that the grant or fellowship is awarded on the same terms and criteria applied to other applicants.

Opinion 11-28 May a judge apply to a local charitable foundation for a grant or accept the offer of a local attorney to “explore steps to raise ... money” for the purpose of preserving and displaying historical photographs in the courthouse?

Opinion 11-24 Under the circumstances presented, a judge may accept a gift of the admission fee for a road race from his/her sibling’s spouse.

Opinion 10-46 May a judge accept an invitation to be a fellow in residence at an undergraduate dormitory of the judge's college alma mater?

Opinion 09-209 A board of judges may accept gift certificates awarded pursuant to a restaurant promotion as long as no member judge has presided or is likely to be presiding over a matter in which the restaurant was or is a party and may award them as prizes to member judges for participating in a sporting event held during the board’s annual retreat. A judge who accepts a certificate as a prize from the board must follow the applicable reporting requirements.

Opinion 09-186 A full-time judge may apply to and, if accepted, reside for one month in an artist colony that offers free room and board to all participants.

Opinion 09-74 A judge may accompany his/her spouse, who is an elected law enforcement official, to a conference in a foreign country for law enforcement leaders world wide, where the conference subject matter is sufficiently broad and the inquiring judge’s attendance is due only to his/her spousal relationship. The judge may accept payment of his/her travel and other conference expenses from the conference host, but must comply with any applicable reporting requirements.

Opinion 09-66 May a judge attend a judicial reception of a local bar association as a complimentary guest, even though others attending must pay and the event is underwritten by one or more entities?

Miscellaneous Business or Financial Activities; Giving Gifts

Opinion 23-149 A new full-time judge may retain the lease of the office previously used for the judge's solo legal practice, where the lease is in the name of the judge and not the law firm under which the judge was doing business.

Opinion 23-78 A judicial association may not consent to have its name listed as a client on a consultant’s website.

Opinion 22-119 (1) A new full-time judge may liquidate the remaining inventory from a prior business activity on the judge's personal eBay account. ~~The aggregate profit from any such sales in excess of $150 over the course of a calendar year must be reported as compensation for an extra-judicial activity under Section 100.4(H)(2).~~ (2) A judge may not accept gratuities or other compensation for officiating a wedding in excess of the amount permitted by law. However, a judge may receive reimbursement of reasonable and necessary actual travel, food and lodging expenses incurred while performing an out-of-town wedding, ~~which need not be reported pursuant to Section 100.4(H)(2).~~ See AO-347 rule change, abolishing Section 100.4(H)(2).

Opinion 22-11 May a new part-time judge continue to: (1) serve as a notary public after taking the bench; (2) maintain a real estate brokers license; (3) own real estate rental properties, whether individually or with their siblings, and either directly or as a member of an LLC; (4) own an ATM business together with another individual, where the business owns several ATMs placed in local businesses and the judge stocks the ATMs and receives income from the surcharges paid by the customer?

Opinion 22-07 A new full-time judge (3) may give another judge an artwork created by a former client.

Opinion 18-133 A judge may accept a prize resulting from his/her purchase of a winning raffle ticket at a charity event.

Opinion 17-156 What steps should a full-time judge take on realizing that his/her membership in a for-profit investment club is not permissible?

Opinion 13-167 A part-time lawyer judge may refer potential clients to his/her tenant, who is also an attorney, subject to certain limitations.

Opinion 09-89 A judge may open a court bank account in a bank for which his/her private law firm serves as legal counsel, in which he/she is a stockholder, from which he/she has an outstanding loan and in which he/she maintains three accounts, assuming that the court funds deposited in the bank will not substantially affect the value of the judge's interests in the bank and as long as using the bank ensures the judge's own safety and security and the safety of the public funds entrusted to the judge's care.

Advisory Committee on Judicial Ethics

Business and Financial Activities

Outside Non-Legal Employment & Full-Time Judges

Outside Non-Legal Employment & Part-Time Judges

Dual Employment within the Judiciary

Seeking Post-Judicial Employment or Appointment

Ownership Interests or Active Participation in a Business; Investments; Ownership, Management or Rental of Real Property

Real Property Ownership

Business Entity Engaged Solely in Investment of Judge's Family's Financial Resources

Intellectual Property Ownership

Passive Investor or Shareholder

Promotion of Business or Commercial Interests; Misuse of Judicial Prestige

Officer, Director, Manager, Employee, General Partner, Advisor, Employee or Other Active Participant

Gifts; Application for Scholarship, Fellowship, or the Like; Free Admission to Events

Miscellaneous Business or Financial Activities; Giving Gifts