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Ethics Rules (Part 100)

For ease of reference, this page highlights a few opinions and rule changes that we think may be of interest.   

New in 2026  

  • Rule Change: Sections 100.3(B)(4)-(5) were conformed to language contained in the Equal Rights Amendment: "age, race, creed, color, ethnicity, sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy, religion, national origin, disability, marital status or socioeconomic status." (June 2026) 
  • Bar Associations: (1) The Fund For Modern Courts is a “bar association” for purposes of the Rules Governing Judicial Conduct, and therefore a judge may be a speaker or guest of honor at its fund-raisers and may accept free admission to its events. (2) The Center for Justice Innovation and the Legal Aid Society are not “bar associations” for purposes of the Rules Governing Judicial Conduct. Thus, while a judge may purchase tickets and attend their fund-raisers, a judge may not be a speaker or the guest of honor at their fund-raisers. A judge may nonetheless accept an unadvertised award ancillary to their fund-raising events, and briefly express thanks for the award. On the facts provided, the judge may not accept complimentary tickets to gala fund-raisers for these entities, either from the sponsoring organization or from a law firm that appears before the judge’s court. Op. 26-98 (May 2026)
  • Attorney Feedback: Where reporting to the attorney grievance committee is not ethically mandated, a judge’s decision to provide feedback about an attorney’s consistently rude behavior to the attorney’s legal services employer does not, without more, trigger any obligation to disclose or disqualify when the attorney or the legal services employer appears. Op. 26-70 (May 2026)
    A judge may send a thank-you note to the supervisors of the part attorneys who regularly appear before the judge, acknowledging the attorneys’ professionalism and efficiency on a day when the calendar volume was exceptionally heavy. The note may be on judicial stationery but must be marked “personal and unofficial.” Op. 26-86 (May 2026)
  • Summer interns: A judge may hire as a summer intern a law student who will receive a stipend from a private law firm for any public service internship that summer, provided the judge (1) insulates the intern from any cases in which the law firm appears and (2) discloses the insulation and the basis for it. Assuming the judge concludes, in his/her sole discretion, that he/she can be fair and impartial in matters involving the law firm, the judge may preside after such insulation and disclosure. Op. 26-65/26-66 (Mar 2026)
  • Equal Justice Committee volunteer work: Judges and court employees who serve on a court-sponsored Equal Justice Committee may help deliver food that was independently solicited and collected by an outside not-for-profit charitable organization without reference to the court. They may also invite other current members of the same Equal Justice Committee to participate in the project, provided that participation is entirely voluntary. Op. 26-05 (Feb 2026)

Recent Highlights and Reminders

  • Eviction proceedings: What are some examples of reasonable efforts to facilitate the ability of unrepresented litigants to have their eviction matters fairly heard?  Op. 25-78 (May 2025)
  • Delegation of authority: May a family court judge delegate authority to their court attorney to dismiss a petition without prejudice for the petitioner’s failure to appear? What about other return of process or joinder of issue determinations? Op. 25-86 (June 2025)
  • Fund-raising: How may a judge assist with their child's Girl Scout cookie sales?  Op. 24-197 (Feb 2025)
  • Law school waitlist: When a judge reaches out to a law school admissions office on behalf of a waitlisted applicant, why must the communication be in writing? Op. 25-06(A) (Feb 2025)
  • Opinion 23-122 says a judge may attend generic cultural/holiday celebrations hosted by elected public officials, where such events are free and open to the public and are paid for by state/government funds rather than campaign funds (Oct 2023).
  • Opinion 23-140 Reminder: A judge must not post announcements about an organization’s fund-raising activities on social media (Dec 2023).

Modification of Prior Opinions

  • Conflicts
    • Opinion 22-183 amends a judge's obligations with respect to their former counsel; "after the two-year period, whether to disclose is solely within the judge’s discretion." (Dec 2022)
    • Opinion 22-138 modifies prior opinions to require disclosure for two years after a judge is a social guest at an attorney's wedding. (Oct 2022)
    • Opinion 21-120 says a judge's obligation to disqualify in matters involving their former campaign manager terminates two years after the campaign manager relationship has ended. (Sep 2021)
  • Remittal
    • Opinion 21-22(A): “we no longer prohibit remittal of disqualification merely because a party is unrepresented." (Mar 2021)
  • Mail Pleas
    • Opinion 23-18 provides new guidance on sending a form letter to a defendant motorist who has already entered a plea of "not guilty" by mail. (Feb 2023)
  • Pro Bono
    • Opinion 22-56/22-67 modifies and distinguishes prior opinions to reflect that a judge may personally request pro bono assistance for an unrepresented defendant in appropriate circumstances, provided the judge avoids undue pressure or coercion in making the request. (Jun 2022)
  • Parent/Child Relationship
    • Opinion 23-82 carves out a narrow exception for a judge to attend and participate in their child’s parole hearing, provided they do so in the obvious role of a parent and without reference to their judicial status or otherwise invoking the prestige of judicial office. (Jun 2023)
  • Practice of Law (Part-Time Judges)
    • Opinion 24-196 overrules a prior opinion and concludes that a part-time judge may not permit their law firm to represent a Corrections Officers Benevolent Association in any county, even if limited to contract negotiations or labor relations matters.  (Feb 2025)
  • Outside Non-Legal Employment (Part-Time Judges)
    • Opinion 24-177 overrules a prior opinion and advises that a newly elected judge may not finish out their term as village trustee. (Dec 2024)
  • Letter of Reference for Job or School Application
    • Opinion 24-109 abolishes the artificial distinction between a letter of reference and a letter of recommendation, concluding that "[w]hile a judge should be careful to avoid even the appearance of coercion, an otherwise permissible letter focused on the judge’s personal knowledge and observations of the applicant is not rendered improper by inclusion of a recommendation that the recipient hire, accept or appoint the applicant." (Jun 2024)
  • Phone Bank for Legal Questions
    • Opinion 23-64 distinguishes earlier opinions to say a full-time judge may not participate in a local bar association’s phone bank event where members of the public call in with legal questions. (Jun 2023)
  • Town and Village Justice Courts
    • Opinion 24-38 A town justice in a two-judge court need not disqualify from cases involving tickets issued by his/her co-judge in the co-judge’s former capacity as a law enforcement officer.
  • Politics
    • At the end of the window period, a judge whose remaining unexpended campaign funds total $2,500 or less may treat such funds as de minimis and use them for any lawful non-political purpose connected to judicial office, to facilitate closing down the campaign account. To the extent our prior opinions required a candidate to discern whether such purpose was also “within the contemplation of campaign donors,” Opinion 25-54 abolishes that requirement.  (May 2025)
    • Opinion 23-43 says a judicial candidate may appear in joint campaign advertisements only with candidates who make up the slate of which the judicial candidate is a part. It also provides guidance on the meaning of "slate" in this context. (Mar 2023)
    • Opinion 23-227 modifies prior opinions to reflect that, where a majority of partners in a law firm are non-judges, the obligation of a judge who is a partner or associate in the law firm is to urge the partners in writing not to make political contributions in the law firm’s name out of the law firm’s profits. (Opinion 23-227 offers a path for such a firm to engage in political activity through a PAC that will completely exclude the judge.)
    • Opinion 24-131 clarifies that a non-judge judicial candidate may serve on a political party committee, to the extent of voting to designate him/herself. (Nov 2024) 

Rules or Statutes

  • The Court of Appeals approved the deletion of the 22 NYCRR 100.4(H)(2) reporting requirement in February 2023.  See AO-347 for details.
    • As explained in Opinion 23-39: "Section 100.4(D)(5)(h) previously required that gifts accepted under the catch-all exception must be reported to the court clerk if their value exceeded $150.... Although this proviso has been deleted, [full-time judges] should comply with any Part 40 reporting requirements, if applicable (see 22 NYCRR 100.4[I])."
    • Questions about financial disclosures under Part 40 should be directed to the UCS Ethics Commission.
  • Judiciary Law § 9, enacted in December 2020, requires disclosure of a judge's "reason for recusal" unless an exception applies.
    • Where the basis for recusal is that the judge has reported an attorney to the grievance committee:
      • As a matter of judicial ethics, remittal is not available "until and unless the attorney waives confidentiality, or the grievance committee issues a public disciplinary decision" (Opinion 23-24), but
      • What the judge must state on the record or in writing pursuant to Judiciary Law  § 9, when confidentiality has not been waived, is a legal question (id. fn 2).
  • VTL § 1174-a school bus stop-arm violation programs (enacted in 2019 and 2024)
    • Specific implementations may raise ethical issues.  Compare e.g. Op. 24-183 with Op. 24-124
    • VTL § 1180-e (Owner liability for failure of operator to comply with certain posted maximum speed limits), enacted in 2021, appears to follow a similar model.  

Additional Opinions of Interest

  • Opinion 24-38 says one judge in a two-judge town court may preside in cases involving tickets issued by the other judge in their former capacity as a law enforcement officer (Mar 2024).
  • Opinion 23-69 says a judicial candidate may publicly identify themselves as “pro choice” or “pro life” during their window period, provided they also make clear that they will decide all cases fairly and impartially and in accordance with governing law. (Jun 2023)
  • Opinion 23-06 says a judge may be a life member of the National Rifle Association, although the judge must still avoid impermissible political activity and must not assume a leadership role in the organization. (Mar 2023)
  • Opinion 23-139 Where a full-time judge’s former law firm advises the judge that a former client recently posted an online review of the judge’s legal services, the judge must request that the law firm remove the judge’s name from such review but need not take any further action (Dec 2023).
  • Opinion 23-137 reconfirms that a judge need not report their own ethics violation to the Commission on Judicial Conduct (Dec 2023).

 

Last Substantive Update: June 2026 (LLS)