Recently Released Opinions

The Committee's published opinions are searchable online. Many opinions are available on Westlaw, in the New York Law Journal, and in the New York State Magistrates Association's quarterly publication, The Magistrate.

The Advisory Committee on Judicial Ethics recently issued the following opinions, which are linked below.  Opinions are not in strict numerical order; they are collected in groups.  Tip: Use your web browser's search function (e.g., Ctrl+F) to search for a word or opinion number on this page.

June 15, 2026 Broadcast

Opinion 26-23 A judge whose court clerk is a second-degree relative of the District Attorney must disclose the relationship and insulate the clerk from all criminal matters.

Opinion 26-24 Judges may not write a letter to their Congressional representatives in response to high-profile and intensely controversial federal immigration actions in Minneapolis, asking the legislators to take immediate action to guarantee that the rule of law will be preserved and that the government of the United States will follow its own rules with rigor and good faith.

Opinion 26-25 A support magistrate (1) may serve on the board of a local not-for-profit mental health organization that does not accept court referrals; (2) may donate to and attend the organization’s annual fund-raising gala; (3) may serve on its event-planning committee; (4) may help plan and attend a “Financial Literacy” event, but may not participate in a “Take Back the Night” event; and (5) may serve on the organization’s internal nominating committee to nominate current members for board positions.

Opinion 26-26 (1) A judge may encourage youth part defendants to comply with the law, pursue productive goals, and avoid recidivism, provided such remarks are not delivered ex parte and otherwise comport with ethical requirements. (2) The specific letter proposed here is impermissible.

Opinion 26-27 A judge may permit a not-for-profit civic or charitable organization to use the judge’s real property in another county to provide temporary housing for victims of labor human trafficking, but must disqualify in any matters involving current residents of the property. If the arrangement results in frequent disqualification, the judge must either terminate the arrangement or divest him/herself of any interest in the property.

Opinion 26-28 A judge who is the president of a bar association may continue to host the association’s meetings at a private law firm that does not regularly appear before him/her, but is disqualified from presiding over any cases involving that law firm during his/her term as president. If holding bar association meetings on the premises of this law firm results in frequent disqualifications, the judge must either hold the meetings elsewhere or resign as bar association president.

Opinion 26-30 Where a judge’s social relationship with an attorney has changed over time, the judge has discretion to determine his/her ethical obligations based on his/her assessment of their current relationship, using the categories of Opinion 11-125 as a guide.

Opinion 26-31 (1) Whether a judicial association may use court-provided funds to reimburse a member for legal fees and/or litigation expenses incurred in a lawsuit against the court system is a legal question beyond our jurisdiction. (2) A judicial association may not submit an amicus curiae brief.

Opinion 26-32 A full-time judge may serve as an unpaid curriculum reviewer for a public high school’s Law and Politics program.

Opinion 26-33 A part-time attorney judge may not wear a Unified Court System lapel pin when appearing in court as a private attorney.

Opinion 26-34 Provided the judge can be fair and impartial, he/she may preside in matters involving an attorney to whom the judge’s spouse has referred occasional, discrete cases, and from whom the judge’s spouse has received such cases. The judge need not make any disclosure.

Opinion 26-35 A part-time judge may serve as an uncompensated co-host of a weekly radio program that informs listeners about humanitarian work and quality of life matters, even if the program airs on a commercial radio station, provided the judge does not endorse or otherwise advance the interests of any commercial sponsors.

Opinion 26-36 A full-time judge may swear in new board members for a contractors’ association, assuming the event is neither a political gathering nor a fund-raiser.

Opinion 26-37 (1) A court attorney-referee who has determined that an attorney submitted frivolous papers that were generated by artificial intelligence has discretion to determine what action is appropriate under the circumstances. (2) If the referee decides to report the conduct to the attorney grievance committee, the referee is disqualified in all matters involving the attorney, both while the disciplinary matter is pending and for two years thereafter. Any such report, if made, may await the conclusion of the proceeding.

Opinion 26-38 Under these circumstances, a full-time judge may assign to him/herself individually a lien for agreed-upon legal fees due to a professional corporation in which the judge was the sole shareholder and officer.

Opinion 26-39 A part-time town or village justice who is also a managing attorney for a legal services provider (1) may directly supervise a subordinate attorney in matters before part-time attorney judges of other courts within the same county, only if such supervision takes place in private, without the involvement of the client, opposing parties or counsel, or the presiding court; and (2) may not participate in an internal training for the legal services provider if it will take place in the courtroom of a justice court.

Opinion 26-40 Where an obituary notice for a judge’s relative asked well-wishers to support one of the relative’s selected charities in lieu of flowers, the judge need not disclose or disqualify when one of those charities appears before the judge, provided he/she can remain fair and impartial.

 

April 28, 2026 Broadcast

Opinion 26-05 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.

Opinion 26-06 A judge may remain in a text message chain with personal friends, even when some of those friends are also local political leaders. The judge must exercise caution to avoid political activity and otherwise comply with the Rules Governing Judicial Conduct.

Opinion 26-07 A part-time judge who is also a principal law clerk should use two distinct email signature blocks when conducting court business to avoid any perception of judicial prestige and to ensure clarity when corresponding in his/her judicial and non-judicial capacities.

Opinion 26-08 A family court judge who routinely directs the civil division of the sheriff’s office to serve orders of protection issued by the judge may meet with that office to discuss delays in service of the orders.

Opinion 26-09 A judge may provide input to a statewide association of pre-trial service agencies tasked by the Office of Court Administration with developing and delivering training for judges on pre-trial practice.

Opinion 26-10 A judge who is currently within his/her window period for election or re-election for judicial office may participate as a panelist in a mental health awareness forum at the Annual Legislative Conference of the New York State Association of Black, Puerto Rican, Hispanic, and Asian Legislators in Albany, where the forum is sponsored by a not-for-profit entity, is designed to increase community awareness, and is not a fund-raiser.

Opinion 26-11 Once a judge learns that a court clerk provided an unpaid testimonial for a private company that provided disaster recovery services to the town court, the judge must notify the court clerk that such testimonials are prohibited. The judge need not take any other action, but may report the incident to an administrative or supervising judge in his/her sole discretion.

Opinion 26-12 A judge may preside in matters involving a former judicial colleague, unless he/she determines their relationship would create an appearance of impropriety or influence his/her conduct or judgment.

Opinion 26-14 Where a part-time town justice is also concurrently employed as a full-time court attorney in a family court: (1) The judge must not knowingly participate in any town court matter involving a litigant who previously appeared before the judge in his/her non-judicial capacity as a court attorney in a pre-trial proceeding in family court, regardless of whether the family court matter is pending or decided. Disqualification on this basis does not expire, but it is subject to remittal. (2) The judge need not conduct a conflicts check on each and every litigant in town court to see if he/she previously conferenced a family court case involving that litigant. Instead, the judge need only undertake a conflicts check if the judge reasonably concludes that such a conflict may exist. Where appropriate, the conflicts check may be conducted by asking if the litigant previously conferenced with him/her in family court. (3) Whether the judge may use a particular family court database to conduct a conflicts check is an administrative question we cannot address.

Opinion 26-15 A judge who was elected more than two years ago and is not currently within his/her window period for election or re-election to judicial office need not disqualify from a proceeding merely because a political party’s local district leader is a litigant.

Opinion 26-16 A part-time judge who is a former police officer may participate as an interviewee and consultant for a commercially produced documentary concerning a homicide case that occurred more than a decade ago, provided that the case has completely terminated and no related proceedings are pending or impending. The judge must abide by generally applicable limitations on speech and conduct.

Opinion 26-17 (1) A judge may make recommendations concerning the Commission on Judicial Conduct which are intended to improve the law, the legal system or the administration of justice. (2) Where the judge’s recommendations are based on his/her experience in filing a disciplinary complaint against another judge, he/she may not disclose information about the complaint that would breach confidentiality.

Opinion 26-18 A judicial candidate may permit responsible persons to serve on his/her campaign committee, even if they are also simultaneously serving on another campaign committee, provided that the committees remain completely independent in their operations. Regardless of any overlapping personnel, the committees must not commingle their finances or otherwise operate as a single or joint committee.

Opinion 26-19 A judge who serves as co-chair/co-host of an annual town-sponsored luncheon to commemorate a historical figure’s legacy must disqualify in matters involving the luncheon committee or the luncheon event, but is not otherwise disqualified on that basis in other matters involving the town.

Opinion 26-20(A) A full-time judge may serve as an officer of a not-for-profit organization which strives to inspire and connect women of a particular ethnic group, provided the judge is not personally involved in the solicitation of funds or in-kind donations and does not otherwise permit the use of the prestige of judicial office for fund-raising or membership solicitation.

Opinion 26-20(B) A full-time city court judge who previously served as associate corporation counsel for the city may preside in matters where the city is a party and matters where the corporation counsel’s office appears, provided he/she did not have any involvement with the particular case before him/her as an attorney.

Opinion 26-21 A part-time judge may not maintain outside employment as an assistant attorney general with the Extreme Risk Protection Order Unit of the Attorney General’s office.

Opinion 26-22(A) A Family Court judge has no obligation to disclose or disqualify in matters involving the city’s Administration for Children’s Services or corporation counsel’s Family Law Division, merely because an “Application for Correction” has been filed on behalf of the judge’s condominium building with the city’s Tax Commission.

Opinion 26-22(B) The Committee does not answer hypothetical or speculative questions.

Opinion 26-65/26-66 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.

 

April 10, 2026 Broadcast

Opinion 25-182 A court attorney-referee may not serve on a fraternal organization’s ad hoc investigatory committee, where the investigation may involve allegations of sexual harassment.

Opinion 25-183 It is ethically permissible for a village justice to consent to the village mayor’s appointment of a second village court clerk who is the sibling of the current village court clerk, provided the clerk is qualified for such appointment.

Opinion 25-184 On these facts, a recently suspended attorney’s inquiry about the status of a pending motion does not give rise to any ethical obligation on the part of the presiding judge.

Opinion 25-185 A court attorney-referee may not participate in the legislative affairs committee of a not-for-profit organization, where this involves advocating for government funding of medical research.

Opinion 25-186 On these facts, where a village has contracted with a third-party vendor to manage alleged parking ticket violations in the vendor’s software platform/program and the vendor has provided certain assurances in light of Opinion 25-153: (1) A judge may participate in the program if (a) the vendor represents that the program precludes non-court personnel from modifying the ticket data and (b) the vendor is required to notify the court if there is any alteration of this “read only” access or if the “read only” access provision is violated by any non-court personnel. (2) The judge may decline to participate if the village does not take reasonable steps to ensure that non-court personnel are formally prohibited from modifying the ticket data by resolution, local law, or agreement.

Opinion 25-187 A town justice whose first cousin serves on the town board is: (1) disqualified, subject to remittal, in proceedings where the town is a party or where the cousin is likely to be a material witness and (2) disqualified, without the possibility of remittal, in matters where the cousin is a party.

Opinion 25-189 A judge who previously served as bureau chief for the county’s public defender need not disqualify in all matters being handled by that office.  Instead: (1) The judge is permanently disqualified without the possibility of remittal in all matters in which the judge participated as an attorney in any way, either personally or as a supervisor.  As always, this includes cases that were being handled by attorneys under the judge’s chain of command. (2) The judge is disqualified, subject to remittal, from all matters involving former clients for a period of two years from the end of his/her employment with the public defender. (3) The judge’s obligation in other matters involving former colleagues from the public defender’s office depends on the nature of their continuing personal relationship, if any.

Opinion 25-190 A judge need not disqualify nor disclose a close personal relationship with a supervising attorney when the attorney’s subordinates appear before the judge, provided the judge concludes he/she can be fair and impartial.

Opinion 25-191 A full-time judge may be a member of his/her church’s Outreach Team which organizes cultural and religious programs and invites community members to attend, provided that these programs are not fund-raisers and that the judge does not personally engage in fund-raising nor solicit people to become members of the church.

Opinion 25-192 On these facts, a part-time judge’s law firm may not represent a private client in a civil action against the District Attorney’s office that regularly appears in the judge’s court or a police department that regularly appears in the county’s Centralized Arraignment Part.

Opinion 25-193 (1) A judge may write and edit a chapter in a legal treatise and be identified as the author by name and title.  (2) The judge may request and accept assistance from his/her former law firm to aid the judge in research and drafting, but must thereafter disqualify from matters involving his/her former law firm for two years after conclusion of the project.  This disqualification is subject to remittal, if practicable in the judge’s court.

Opinion 25-194 On these facts, a judge may not participate in a community advisory committee to support dissertation research on the topic of stigma experienced by survivors of sexual assault.

Opinion 25-195 A part-time judge who is the sole owner and chief executive officer of a company may not permit the company to make political contributions or otherwise engage in political activity prohibited by the Rules Governing Judicial Conduct.  If the judge concludes that the company needs to engage in such activities, then continued ownership and operation of the company is ethically incompatible with judicial office and the judge must choose between the two positions.

Opinion 25-196 A court attorney-referee may not allow a professional photographer to use the referee’s photograph in a video shown on the photographer’s professional social media.

Opinion 25-199 A part-time judge may permit his/her law partners and associates to practice law in the county’s centralized arraignment part before other judges.  If it becomes necessary to revisit any aspect of the criminal proceedings which took place in the centralized arraignment part, the judge and his/her co-judge are disqualified from presiding.

Opinion 25-200 Where a judge and his/her spouse retain a mediator to prepare the papers for their uncontested divorce, the judge is disqualified, subject to remittal, in all matters where the mediator appears, including uncontested matters.  This obligation lasts while the mediation relationship is ongoing and for two years after the mediation relationship completely ends and all fees are paid.

Opinion 25-201 A judicial association may incorporate as a not-for-profit corporation.

Opinion 26-01 A judge whose spouse is a party in a Family Court proceeding should not voluntarily disclose his/her judicial status in that proceeding, even if he/she becomes a non-party participant in the proceeding.

Opinion 26-02 A part-time attorney judge may not represent the New York State Police Investigator’s Association or the local Legal Aid Society.

Opinion 26-03 A judge may not submit a letter in support of an applicant’s appointment to a judgeship at the request of the applicant.

Opinion 26-04 On these facts, as the judge did not authorize and was unaware of the campaign contribution, and took prompt corrective action on learning of it, the judge need not take any further action.

 

March 23, 2026 Broadcast

Opinion 25-160 A judge’s knowledge of an attorney’s or law firm’s contributions to the judge’s prior campaign for election to non-judicial office does not necessarily require disclosure or disqualification in all instances involving that attorney or law firm, but the judge should consider all relevant factors in reaching a conclusion about potential recusal.

Opinion 25-161 A full-time judge may be a keynote speaker at a free event honoring military veterans that is hosted by a local elected official in partnership with a commercial entity, where (1) the event is paid for with government funds and is unaffiliated with the legislator’s campaign committee or any other political organization; and (2) the judge’s name and image will not be used for commercial purposes.  The judge may also be featured in materials distributed by the elected official announcing the event.

Opinion 25-162 Once a surrogate becomes aware that he/she has personal extra-judicial knowledge of an apparently material fact that was omitted from the petition in an uncontested probate proceeding, the surrogate must disqualify from the matter.  The surrogate may not take any further action in the proceeding.

Opinion 25-163 (1) A full-time judge may not be a voting shareholder of a closely-held family company engaged in manufacturing and selling specialized vehicles to municipalities and other entities, but may continue to hold non-voting shares in the company. (2) Under the circumstances, the judge may place voting shares in trust for the benefit of the judge’s children provided that (a) the judge is not a trustee and (b) the judge turns over all authority arising from the voting shares as part of the trust document.

Opinion 25-164 (1) When a judge concludes, based on communications he/she received directly from Judge A, that Judge A has committed a substantial violation of the Rules Governing Judicial Conduct and that the violation is so serious that it calls into question Judge A’s fitness to hold judicial office, he/she must report Judge A to the Commission on Judicial Conduct. (2) Where a judge lacks information indicating a substantial likelihood that Judge B has committed a substantial violation of the Rules Governing Judicial Conduct, he/she need not take any action, but may do so in his/her sole discretion.

Opinion 25-165 On these facts, a judge who learns from a prosecutor about a potential buyer for the judge’s family’s business asset need not disqualify nor make any disclosure when that prosecutor appears before the judge.

Opinion 25-167 (1) Once a judge’s aunt/uncle becomes the Public Defender the judge is disqualified, subject to remittal, in all matters involving that office.  This remains true even if the Public Defender (a) does not participate in the case and is not listed as the attorney of record; (b) insulates him/herself from all supervisory and administrative duties applicable to the assistant public defenders who appear in the judge’s court; and (c) maintains an office in an entirely different building from the assistant public defenders who appear in the judge’s court. (2) Once the judge’s disqualification is properly remitted in a particular criminal case, the judge may preside in that case if the judge can be fair and impartial.

Opinion 25-168 A full-time judge may upload recordings of his/her own musical performances, both original compositions and covers of other artists’ works, to a streaming music service where they will be available for public purchase, provided that: (1) such activity is not a business enterprise; (2) the judge’s compensation is reasonable; and (3) the judge’s judicial status is not improperly used to promote the recordings. 

Opinion 25-169 On these facts, a judge may post a promotional video on social media concerning an educational/mentorship program for high school students.

Opinion 25-170 A judge may not use campaign funds to purchase fleece jackets for chambers staff, even if intended to dispose of de minimis unexpended campaign funds at the conclusion of the judge’s window period.

Opinion 25-171 On these facts, a judge may not participate in a corporate campaign designed to recognize successful individuals who previously worked at one of the corporation’s franchise restaurants.

Opinion 25-172 A judge who is an officer of a bar association may not personally participate in the association’s advocacy letters urging rejection of a bar applicant or prosecution of certain crimes.  Should the association decide, without the judge’s involvement, to send such letters, the judge must take appropriate action to dissociate him/herself from the letters.  Provided that the judge’s non-participation is made clear, the judge need not resign as an officer of the association.

Opinion 25-174 A part-time town justice may serve on the town’s strictly advisory historic preservation commission, but must disqualify in all matters involving the commission or its recommendations.  Should disqualification become so frequent that it interferes with judicial duties, the judge must resign from the commission.

Opinion 25-175 A judge who believes that one litigant illegally recorded another litigant’s conversations has no ethical obligation to take any action, but may do so in his/her discretion.  We cannot comment on any legal questions.

Opinion 25-176 Subject to appropriate administrative approvals, an individual judge may use personal funds to commission lapel pins and challenge coins featuring the Unified Court System seal and/or logo to give as holiday gifts to court staff. 

Opinion 25-177 (1) It is a judge’s obligation to determine whether exclusion of women from a not-for-profit cultural or civic organization constitutes invidious discrimination.  If so, the judge may not be an officer or member of the organization.  If the organization does not invidiously discriminate, the judge may be a member and/or serve as an officer, subject to generally applicable limitations including the prohibition on personal involvement in fund-raising and membership solicitation. (2) A judge must not serve on committee whose sole function is to lend its members’ names to a not-for-profit foundation’s fund-raising efforts. (3) A judge may serve on a parish committee that provides non-legal advice to the pastor on how to manage income and expenses, where the committee has no fund-raising functions.

Opinion 25-178 A full-time judge may not accept an appointment to serve on a city’s Rent Guidelines Board, even if the judge is willing to decline compensation.

Opinion 25-179 A town or village justice may not refuse to respond “off hours” to conduct arraignments.

Opinion 25-180 (1) A treatment court judge may not personally accept an unsolicited gift of artwork from a defendant participant, but may accept it on behalf of the Unified Court System.  The judge may give the drawing to the treatment coordinator to display in his/her office, subject to administrative approval. (2) The judge may explain to court participants, either orally or in writing, the ethical limitations on a judge’s acceptance of gifts.

Opinion 25-181 Where the subject matter of a civil case brought by a governmental entity against a defendant involves financial statements relating to real estate assets, a judge who had previously assisted the prosecutor in a separate criminal matter against the same defendant with a subpoena for financial documents must make full disclosure of the prior representation.  If disclosure is not possible in the judge’s court, then the judge must disqualify from the civil case.

 

January 30, 2026 Broadcast

Opinion 25-137 A full-time judge may discuss his/her role and experience with communication and transparency in the justice system at a Division of Criminal Justice Services Professional Responsibilities in Forensics forum, subject to generally applicable limitations both during the panel discussion and in any informal interactions with attendees. 

Opinion 25-138 Where a part-time judge’s law firm represents creditors against numerous judgment debtors: (1) once the law firm files suit against a judgment debtor on behalf of a client, the judge must disqualify from any cases in which the client’s current litigation adversary appears as a party; (2) if the law firm has not yet filed such lawsuit, the judge need not disqualify in a matter merely because it involves a potential future litigation adversary of the judge’s client; (3) the propriety of undertaking client representations unrelated to matters originating in the town court is primarily a matter of attorney ethics. 

Opinion 25-139 A full-time judge may serve as chairperson of the board of trustees of a not-for-profit fire company, provided that position does not confer peace officer status or involve investigative responsibilities, working with law enforcement, or fund-raising. 

Opinion 25-140 A family court judge may participate in a national initiative to develop and promote best practices in ensuring children’s participation in family court proceedings, which is co-sponsored by an agency which frequently appears before the judge. 

Opinion 25-141 A full-time judge may serve on the board of trustees of a not-for-profit college foundation whose sole purpose is to advance the educational and charitable purposes and lawful activities of a college within a municipally-run university, subject to generally applicable limitations. 

Opinion 25-142 Where reporting to the attorney grievance committee is not ethically mandated, a judge’s decision to provide feedback about an attorney to the assigned counsel panel does not, without more, trigger any obligation to disclose or disqualify in matters where the attorney appears. 

Opinion 25-143 A town or village justice who would like a video-only camera in the courtroom for security purposes must obtain approval from the Chief Administrator of the Courts or his/her designee under Part 29. A judge need not go through the empty formality of registering an “objection” to a security camera while seeking such administrative permission. 

Opinion 25-144 A judge may not issue an order directing a criminal defendant to make a monetary donation to a not-for-profit agency in lieu of his/her community service obligation, even if such request is made by defense counsel with the consent of the prosecution. 

Opinion 25-145 (1) A judicial association may hold its installation ceremony on the premises of a for-profit alternative dispute resolution provider if it pays reasonable value for the space. (2) The association may accept an unsolicited offer from a bank or law firm to use its conference space at no charge provided that the donor and its interests have not come, and are unlikely to come, before the inquiring judge or members of the association. 

Opinion 25-146 A judge may be a regular member of the National Council of Negro Women but may not assume a leadership position, associate him/herself with its positions on matters of public controversy, or become involved in its litigations. 

Opinion 25-148 A judge may invite an elected non-judicial official to serve as master of ceremonies during the celebratory dinner at a magistrates association’s annual conference. 

Opinion 25-149 On these facts, a judge may mentor an individual who appeared before the judge nine years ago on a guilty plea to traffic infractions and a violation, where the individual has fully satisfied all terms and conditions of the sentence and has no matters pending. 

Opinion 25-150 A full-time judge may serve on the board of directors of a not-for-profit cemetery and receive the same standard compensation as other board members.  

Opinion 25-151 On these facts, a judge whose spouse works for the employment practice of a local legal services organization must disqualify in criminal matters where a defendant is represented by that organization. 

Opinion 25-152 A part-time judge may serve on a regional commission for the New York State Council of Parks, but must not personally participate in soliciting funds for the parks or park projects from legislators or the public and thus may not meet with legislators about the need to complete a park project and its benefits to the community. 

Opinion 25-153 On these facts, where a village has contracted with a third-party vendor to manage alleged parking ticket violations in the vendor’s software platform as specified herein: (1) If the village maintains complete administrative control over parking tickets in the vendor’s platform, the justice court may not access or use the vendor’s online portal or software platform, but may do so if the village access is changed to “read only.” (2) Once the village access is changed to “read only,” the justice court may also receive training from the vendor on the parking software platform. (3) As a matter of ethics, a judge must not certify the “truth and completeness” of a month-end report the judge in fact knows or believes to be incorrect. Questions about what the judge can or must do after declining to certify an incorrect or incomplete month-end report involve legal and/or administrative issues we cannot address. 

Opinion 25-154 A judge may liquidate his/her personal household items through a yard sale or on an online platform, provided he/she does so solely as a private citizen without indicating his/her judicial status and any such sales are one-off or very occasional, rather than ongoing. 

Opinion 25-155 When a judge learns that his/her co-judge declined to consider an improper ex parte communication about a traffic ticket and instead simply asked the court clerks to re-assign it without attempting to influence him/her, the judge need not take any disciplinary action and need not recuse. The judge should instead adjudicate the matter in the normal course of business. 

Opinion 25-156 On these facts, a judge need not disqualify from a proceeding merely because counsel for a party makes many accusations against the judge, provided the judge concludes he/she can remain impartial. 

Opinion 25-157 A judge must disqualify from a matter in which his/her impartiality might reasonably be questioned. 

Opinion 25-158 A judge may speak about the law, the judge’s personal experiences and career path at a youth program sponsored by a law enforcement organization, subject to generally applicable limitations.

 

December 9, 2025 Broadcast

Opinion 25-120 A judge who co-chairs a bar association section may meet with the other co-chair(s) in the judge’s robing room or other areas of the courthouse during court hours to plan continuing legal education programs for the bar association, provided the meetings do not interfere with the proper performance of judicial duties.

Opinion 25-121 On these facts, a judge may not attend National Night Out Against Crime activities sponsored by local police departments in the judge’s county. 

Opinion 25-122 A full-time judge may participate in a low-stakes online fantasy football league composed of attorneys who seldom appear in the judge’s court and are former colleagues or acquaintances of the judge. Should an attorney acquaintance appear in a proceeding before the judge, neither disqualification nor disclosure is required merely because they are members of the same league, provided the judge can be fair and impartial. 

Opinion 25-123 A judge may preside in matters prosecuted by an assistant district attorney who is the second cousin of the judge’s court clerk, and need not insulate the court clerk from such matters. 

Opinion 25-124(A) Where a judge is represented by an assistant county attorney as a witness concerning a matter the judge handled during his/her former employment as an assistant district attorney: (1) During the representation, the judge is disqualified, subject to remittal, from matters involving the specific county attorney who represents the judge. (2) After the representation concludes, the judge may preside in matters involving that attorney, provided the judge can be fair and impartial. Disclosure of the former attorney-client relationship is discretionary. (3) Both during and after the representation, the judge has no obligation to disclose or recuse with respect to other county attorneys not involved in representing the judge. (4) The judge’s representation by an assistant county attorney creates no obligation to disclose or disqualify in matters involving the District Attorney’s office. 

Opinion 25-124(B) Where a judge previously served as assigned counsel, the two-year disqualification period for former clients runs from the end of the attorney-client relationship.

Opinion 25-125 A judge may participate in a college club panel discussion about the rule of law in the United States. 

Opinion 25-126 A judge running for election or re-election to judicial office who discovers that a non-attorney campaign treasurer may have misused campaign funds does not have an ethical obligation to report the alleged misconduct, since the individual is neither an attorney nor a judge. 

Opinion 25-127 A judge may invite his/her recent former law clerk to conduct training for the court’s incoming law clerks, even after the law clerk has commenced employment with a private law firm that regularly appears in the judge’s court. 

Opinion 25-128 A city court judge who has commenced litigation against the city is disqualified, subject to remittal, in all cases involving the law firm that represents the city. Where that law firm also serves as corporation counsel, the judge must disqualify in matters involving corporation counsel. 

Opinion 25-129 A full-time judge who is a member of the clergy: (1) may serve as a volunteer chaplain for a transit authority or for branches of the United States military; (2) may attend a not-for-profit religious organization’s roll call, award ceremonies, and medal day ceremonies honoring police officers and first responders; (3) may attend free non-partisan “meet the candidate” events sponsored by a not-for-profit religious organization, but may not serve as a speaker or master of ceremonies unless (a) the event is not a fund-raiser, (b) someone else introduces the candidates, and (c) the judge avoids any commentary beyond formal procedural matters; (4) may not serve on a District Attorney’s “Hate Crimes Task Force”; (5) may serve as a speaker or master of ceremonies at an elected official’s cultural event, where the event is free and open to the public and paid for with government funds rather than campaign funds; and (6) may not give an invocation at free public security briefings by the local police department, but may attend the briefings, provided no impression of alliance with law enforcement is given. 

Opinion 25-130 A judge who receives an insurance reserve balance payment from the judge’s former law firm is disqualified for two years from all cases involving the firm. The two-year period commences from the date of payment. The disqualification is subject to remittal. 

Opinion 25-131 A judge need not disqualify from a case involving child endangerment charges merely because (a) the judge’s child knows the subject child, (b) the judge’s close friend is engaged to a witness in the case, and (c) the judge recently disqualified him/herself in a different case on other grounds. 

Opinion 25-132 A judge may speak to attorneys interested in pursuing public service as judges in a “judicial pipeline program” organized by a not-for-profit entity, even where the program focuses on public interest and progressive lawyers, but should exercise caution to avoid any perception of involvement in impermissible political activity. 

Opinion 25-133 A judge may speak to an ethnic/culture affinity group, consisting of law enforcement officers, about the judge’s journey to the bench and the careers of others with the same background. 

Opinion 25-134 A judge who is a firearm licensing officer is not precluded from reviewing and deciding a pistol permit application merely because the applicant is a first-degree relative of the other judge in a two-judge court. 

Opinion 25-135 The Committee cannot address legal questions. 

Opinion 25-136 (1) A judge who is also employed as an adjunct professor at a law school must disqualify from all matters involving the law school. Where the law school’s affiliated university is a separate legal entity, the judge need not disqualify from matters involving the university. Should the judge’s outside employment with the law school result in frequent disqualifications, the judge must choose between the positions. (2) A judge whose law clerk is employed as an adjunct professor at a law school must insulate the law clerk from all matters involving the law school, but not its affiliated university, provided the university is a separate legal entity. The judge must disclose the insulation and the reason for it to the parties.

 

November 12, 2025 Broadcast

Opinion 25-99 Although a judge ordinarily may write a monthly educational column for a local lifestyle magazine, the judge may not do so if the column is sponsored by a business.

Opinion 25-100 (1) A judge need not disclose or disqualify merely because an attorney appearing in the case is or was listed as a “supporter” on the judge’s campaign materials. (2) After election day, a judge need not disclose or disqualify in cases involving an attorney who hosted one fund-raising event for the judge, but played no other significant or ongoing role in the judge’s campaign.

Opinion 25-102 A judge who has hired a citizen of another country as a personally appointed law clerk may write a letter to the appropriate immigration authorities in support of the law clerk’s visa renewal application, verifying the requested factual details of the employment.

Opinion 25-103 A full-time judge may not be compensated for teaching figure skating for or on behalf a local municipality.

Opinion 25-104 (1) Where the sole basis for a judge’s prior disqualification in a case was the fact that it was originally filed or assigned to the judge during the applicable two-year disqualification period for all matters involving the judge’s former law firm, the judge may accept re-assignment of the case after expiration of the two-year period. The judge need not make any disclosure nor offer to recuse. (2) Conversely, if the judge had any direct or indirect involvement in a particular case as an attorney, no matter how minimal, the judge may not accept re-assignment of the case as he/she remains permanently disqualified without the possibility of remittal.

Opinion 25-105 A new full-time judge who previously served as a court attorney to another judge in the same county may preside in cases in which he/she previously served as a court attorney, provided the judge can be fair and impartial.

Opinion 25-106 A judge may not serve on the advisory board of an organization that promotes a constitutional amendment to limit political contributions and spending in public elections and ballot measures throughout the nation.

Opinion 25-107 A judge need not take any further action concerning a friend’s misdirected electronic payment, apparently intended as a campaign contribution for the judge’s child, after the judge’s spouse has moved the funds out of the marital bank account.

Opinion 25-108 (1) A judge may serve as chair of a non-fund-raising Veterans Day parade and may invite local organizations and businesses to participate in the parade. (2) A full-time judge may not serve in the role of Judge Advocate for a local American Legion post.

Opinion 25-109 (1) A judge may continue to preside in drug court cases in which a substance abuse treatment agency and/or its director appear, notwithstanding that the judge has chosen to recuse from city court criminal cases in which the director was the alleged victim after receiving an improper ex parte communication from him/her. (2) Where such communication (a) relied on the director’s access as a member of the drug court team and (b) attempted to exonerate the city court defendant by claiming to have deceived him/her, the judge must make an appropriate disclosure in drug court cases when the judge determines that the director’s credibility is at issue. After considering all relevant circumstances, the judge retains sole discretion over the extent and timing of such disclosure. (3) Disclosure is not otherwise required in drug court matters in which the agency appears, where only the director’s subordinates testify or where the judge determines that the director’s credibility is not at issue.

Opinion 25-110 A supervising judge may further judicial education by inviting prosecutors and institutional defense counsel to train judges on the structure and operation of their respective agencies, provided the program as a whole is balanced and impartial.

Opinion 25-111 On these facts, a judge may not facilitate an introduction between a non-profit organization of which the judge’s spouse is an officer and a local agency that coordinates and oversees court-mandated community service for the purpose of discussing whether the agency will place defendants with the judge’s spouse’s organization.

Opinion 25-112 On the facts presented, it is within the administrative judge’s discretion to determine whether a treatment court judge’s actions constitute a “substantial violation” of the Rules Governing Judicial Conduct and, if so, what action is appropriate under the circumstances.

Opinion 25-113 A part-time attorney judge who represents a litigant against the county, where the county’s representation has been outsourced to a private law firm, may continue to preside over unrelated matters in which the County Attorney’s office appears.

Opinion 25-114 It is the obligation of the judge who wishes to be a member of a not-for-profit religious organization for women of a particular culture or national origin to determine if it invidiously discriminates.

Opinion 25-115 A county court judge who is disqualified from presiding over a matter is also disqualified from reassigning the matter from one local justice court to another.

Opinion 25-116 A judge may not host a party for two attorneys who appear before him/her and are expectant parents.

Opinion 25-117 A judge may sponsor their undergraduate alumni association’s event for students and may be recognized by name and title for this charitable contribution.

Opinion 25-118 A judge may write a letter on behalf of their child for inclusion in a mitigation packet to be reviewed by another judge, a probation department, and a district attorney in connection with the child’s pending criminal cases, where the letter (a) will reflect only a parent’s views of the child’s history, rehabilitation, and family support, and (b) will contain no reference whatsoever to the judge’s judicial title or status.

Opinion 25-119 A judge must insulate his/her law clerk from any case in which the law clerk was personally involved as an attorney, no matter how minimally, and must disclose the reasons for the insulation. That insulation cannot be waived or remitted and does not expire. Thereafter, if a party asks the judge to recuse, the judge must exercise his/her discretion in light of the facts of the particular case in determining whether recusal is warranted.

 

August 25, 2025 Broadcast

Opinion 25-78 (1) A judge may read a colloquy approved by the district administrative office at a tenant’s initial appearance in an eviction case, where this colloquy will neutrally inform the tenant of court procedures and his/her legal options, without suggesting the court favors any option. (2) Where there is only one legal services provider that represents tenants in eviction proceedings in the jurisdiction, a judge may routinely provide a copy of all newly filed eviction petitions and return dates to that legal services provider. 

Opinion 25-79 A judge who determines that there is a substantial likelihood that an attorney committed a substantial violation of the Rules of Professional Conduct by engaging in serious dishonesty, fraud, deceit or misrepresentation in connection with the sale of a vehicle, must report the conduct to the attorney grievance committee. Reporting may await the conclusion of the proceedings. 

Opinion 25-80 A judge may review existing orders of protection in order to make an informed decision concerning a matter that is pending before the judge, and may, in his/her discretion, disclose that information to the parties and their counsel. 

Opinion 25-81 A Family Court judge may review and decide objections to orders issued by a support magistrate who presided over the judge’s own recently concluded child support matter, provided the judge concludes he/she can be fair and impartial. The judge need not make any disclosure. 

Opinion 25-82 Court attorneys who arbitrate small claims cases, either as volunteers or as part of their official duties, are quasi-judicial officials and are therefore generally prohibited from engaging in political activity.

Opinion 25-83 A family court judge may contribute to a charitable organization designated by the surviving family of an Administration for Children’s Services court liaison officer who recently passed away. The judge may solicit donations from other judges over whom he/she has no supervisory authority, but not from court employees.

Opinion 25-84 On the facts presented, a judge and the judge’s chambers staff who are assigned to work in the county’s municipal complex may attend a county-hosted “Employee Appreciation Day” event.

Opinion 25-86 A family court judge may not ethically delegate authority to their court attorney to hear custody, visitation, guardianship and/or family offense cases for return of process and joinder of issue determination.

Opinion 25-87 (1) The propriety of an attorney’s use of a standard subpoena duces tecum form to seek documents from non-parties in connection with a pending case is primarily a legal question, even where the form is labeled “Judicial Subpoena Duces Tecum” and prompts the signing attorney to identify the judicial or quasi-judicial officer presiding in the matter after the word “WITNESS.” (2) Absent a court directive, ethics rule, or statute prohibiting attorneys from using this form, a support magistrate need not take any action on learning that an attorney has prepared and served such a form, where the attorney has clearly identified him/herself as the sole signatory with the attorney’s own signature block.

Opinion 25-88 It is ethically permissible for a judge to maintain and post to a social media account, so long as such posts comply with the speech and conduct provisions of the Rules Governing Judicial Conduct. Whether the judge may post photographs with particular individuals and groups depends on context.

Opinion 25-89 A judge who presides in a veterans treatment court may not organize or attend “field trips” with treatment court participants and staff to attend a not-for-profit veterans organization’s weekly lunch.

Opinion 25-90 A part-time judge may permit attorneys from the law firm where his/her non-attorney co-judge is employed as an assistant/paralegal to appear in court before him/her.

Opinion 25-91 Where a judge’s spouse has commenced a lawsuit in the spouse’s own name and the judge, as co-owner of the marital home, previously engaged in communications with a neighboring property owner that are apparently material and relevant to the lawsuit, the judge may attend the ensuing court proceedings as an interested party and potential witness.

Opinion 25-92 A judge may not serve on the board of directors of an entity to which the judge may refer cases for mediation.

Opinion 25-93 A judge may appoint the child of a judicial hearing officer as his/her full-time law clerk or court attorney, provided the appointment is made impartially and on the basis of merit. There is no ethical impropriety even if the judge later assumes judicial office in the same court where the judicial hearing officer is assigned.

Opinion 25-94 A judge need not disqualify merely because a party to a matrimonial action allegedly dated the judge’s child over a decade ago in high school and recently reached out to the judge’s child on social media about the case. The judge may continue to preside in the matter provided the judge believes he/she can be fair and impartial.

Opinion 25-95 A judge may perform in a not-for-profit arts center’s non-fund-raising concert and accept compensation in the form of free admission to the concert.

Opinion 25-96 A full-time judge may serve on the advisory board of a bar association’s Justice Center, where the entity is unlikely to appear in any court and does not accept court referrals.

Opinion 25-98 An appellate judge who teaches at a law school may participate in deciding an application for amicus curiae status independently filed by another faculty member, even though the application lists the school for identification purposes, provided the judge had no involvement in the application.

 

July 31, 2025 Broadcast

Opinion 25-60 (1) A judge may publicly support or oppose proposed legislative changes affecting the terms or conditions of judicial service, and therefore may contact his/her state representatives and urge them to abolish the so-called “death gamble” for judges. (2) A judge who is a naturalized citizen may speak to government officials, including federal legislators, to urge them to oppose proposed or enacted executive orders, policies, or legislation which seek to rescind citizenship of naturalized citizens based on their performance of judicial duties, including their judicial decisions or other statements made in their official capacity as judges. In doing so, however, the judge should not comment on what positions the legislators should take with respect to unrelated legislation and therefore the judge should not suggest filibustering every vote on all legislation. (3) A judge may speak publicly about the importance of judicial independence and the rule of law, and thus may speak to federal legislators on this topic. In doing so, however, the judge should not comment on what positions the legislators should take with respect to unrelated legislation. (4) Whether a particular federal executive or congressional decision affects a judge personally requires a fact-specific analysis.

Opinion 25-61 A full-time judge may serve on the board of a not-for-profit educational, cultural, or civic organization dedicated to the preservation of hip hop culture. The judge may not personally participate in fund-raising and must abide by generally applicable restrictions on speech and conduct.

Opinion 25-62 (1) Where a traffic diversion program does not involve a reduced sentence or negotiated plea, but only comes before the court when the District Attorney files a notice of election not to prosecute and motion to dismiss, the program’s propriety is primarily a legal question, which is beyond the purview of this Committee. (2) A judge may, but is not ethically required to, raise concerns about the program to court administrators, the District Attorney, and/or the public. 

Opinion 25-63 A Family Court judge whose spouse’s law firm has contracted with the county to provide non-exclusive representation to its Department of Children and Family Services (“DCFS”): (1) May preside in matters where DCFS is a named party but chooses not to participate, if the spouse’s law firm was not involved in previous related matters; (2) May order child protective service investigations under Family Court Act § 1034 that result in reports to the court; (3) Must disqualify in matters handled by the County Attorney’s office, if the spouse’s associate is embedded in the County Attorney’s office; and (4) Must disqualify in matters involving DCFS, even if the spouse agrees not to appear in court and the spouse’s associate will only appear before other judges. 

Opinion 25-64 A judge may attend a festive cultural event that is hosted by legislators, where the event is free and open to the general public and is not sponsored by or affiliated with the legislators’ campaign committees or any other political organization. The judge may also participate as a judge in a free hat contest/pageant during the event. 

Opinion 25-65 A judge against whom a complaint of misconduct has been made may continue to preside in a matter and determine motions made therein as permitted by law. 

Opinion 25-66 A judge may not solicit advertisements in a magistrates association’s magazine from individuals who are neither family members nor other judges. 

Opinion 25-67 A judge whose spouse is a county legislator may preside over mental hygiene matters where the county often appears as a party, provided that the county legislature is not a named party, the judge’s spouse is not personally involved in the matter, and there are no other factors that would create an appearance of impropriety. 

Opinion 25-68 A judge may write a letter to the editor about “recent attacks by public officials against judges,” but must not respond directly to the public officials, nor comment on the specific pending or impending cases which ostensibly occasioned the officials’ inflammatory rhetoric. Among other generally applicable limitations, the judge’s letter must not detract from the dignity of judicial office and must be consistent with judicial integrity and impartiality. 

Opinion 25-69 A judge who is not within his/her window period may not speak at an event hosted by a political club. 

Opinion 25-70 An officer of a judicial association who was peripherally involved in a law firm’s pro bono representation of the association need not disclose or disqualify in matters where the law firm appears. 

Opinion 25-72 On these facts, a judge may participate in a job fair hosted and sponsored by an executive branch official, which will be held in the rotunda of the county courthouse. 

Opinion 25-73 Where a case the judge had prosecuted before assuming the bench is now in post-conviction proceedings, the judge: (1) may provide a factual affidavit stating that the judge never suborned perjury and that the witness never gave the judge reason to question the validity of the prosecution; (2) may discuss his/her recollections and other historical information about the case with a successor assistant district attorney, but may not offer any legal or tactical advice; and (3) may testify as a fact witness in post-conviction proceedings, either voluntarily or pursuant to a subpoena. 

Opinion 25-74 A judge who is a member of a court-sponsored committee on diversity and inclusion in the courts (1) may host a courthouse Pride month event that will provide a historical retrospective of the protests of the Gay Rights Movement and raise awareness about discrimination against transgender individuals, but (2) may not advertise the program using a title that is specifically linked to or suggests a heavily politicized “call to action” or “rally.”

Opinion 25-75 A judge who presided over a custody settlement and directed one side’s attorney to draft the final order has discretion to determine what, if any, action to take when the attorney fails to draft the order and instead (i) makes a motion on notice, with supporting affirmations, to re-open the proceedings and (ii) advises his/her client that the agreed-upon visitation need not take place in the interim. 

Opinion 25-76 A court attorney-referee who handles housing matters may serve on the board of a local not-for-profit charitable organization focused on community health, and may participate in awarding grants to organizations and individuals that do not appear before him/her. 

Opinion 25-77 A judge may be the keynote speaker at a scholarship awards ceremony held by a local chapter of the Muslim Public Affairs Council, a not-for-profit charitable organization, provided that the event is not a fund-raiser. 

 

July 7, 2025 Broadcast

Opinion 25-39 A part-time city court judge may not also be employed as the city’s human resources manager.

Opinion 25-40 A judge must insulate their court attorney from all matters in which the court attorney had any personal involvement as a lawyer, but need not disqualify, provided the judge can be fair and impartial.

Opinion 25-41 A court attorney-referee who is a member of a not-for-profit community chorus: (1) may not sell tickets to fund-raising events to friends or members of the public, but may sell tickets to family members; (2) may serve on the entity’s board of directors and assist in planning fund-raising activities, provided he/she is not personally involved in soliciting funds; and (3) may not perform in fund-raising concerts.

Opinion 25-42 (1) A court attorney referee may accompany his/her minor child to an annual Pride Parade celebrating the culture and history of the lesbian, gay, bisexual, transgender, queer, intersex, and asexual (LGBTQIA) community. (2) We cannot provide blanket guidance about attending a “protest rally” in support of LGBTQIA rights, as the answer requires fact-specific determinations.

Opinion 25-43 (1) Where a judge presiding in a matter concludes that a part-time attorney-justice inadvertently arraigned his/her own client after being assigned as counsel but before ever meeting or speaking with him/her, the presiding judge is in the best position to assess if there is a “substantial likelihood” that the attorney-justice committed a “substantial violation” of the applicable disciplinary rules and, if so, what constitutes “appropriate action” under the circumstances. (2) If the inquiring judge believes it would be helpful to prevent similar occurrences in the future, he/she may notify an appropriate administrative or supervising judge.

Opinion 25-44 A Family Court judge whose non-attorney relative, and close personal friend, works for a local not-for-profit agency that assists with family offense petitions: (1) may preside without the need for disclosure or inquiry in family offense petitions and other matters in which the relative/friend was not involved; but (2) is disqualified, subject to remittal, from all matters in which the judge knows, or becomes aware, that his/her relative/friend was involved as an advocate. Where the judge has no reason to believe that his/her relative/friend was personally involved in the proceedings, the judge has no obligation to disclose, disqualify, or make any special inquiry.

Opinion 25-45 A judge need not report an attorney-litigant to the grievance committee based on unsworn conclusory statements made by the attorney’s party opponents with no corroborating evidence.

Opinion 25-46 A part-time judge may volunteer with a not-for-profit organization to assist immigrant families in filling out standby guardianship, power of attorney, and health care proxy paperwork.

Opinion 25-47 A judge seeking re-election may neither redact the names of defendants from the voter rolls nor otherwise instruct campaign workers to avoid requesting signatures for the judge’s petition from eligible voters merely because they are currently defendants in the judge’s court.

Opinion 25-48 A judge who learns that a litigant filed a disciplinary complaint against him/her, but has not been formally charged with misconduct by the Commission on Judicial Conduct, may continue to preside in the underlying matter provided that the judge concludes he/she can be fair and impartial. The judge is not ethically required to grant an adjournment request merely because a disciplinary complaint has been filed.

Opinion 25-49 A judge may meet with a legislator to discuss the judge’s views about the strengths and weaknesses of New York’s discovery law and possible improvements.

Opinion 25-50 (1) A judge need not resign as an officer or member of a bar association merely because the association circulated and subsequently retracted an email announcing a judicial candidate’s campaign fund-raising event. (2) A judge need not investigate potential misconduct. Where, as here, the judge lacks direct personal knowledge of any potential misconduct by a judicial candidate, he/she is not ethically obligated to report the judicial candidate to a disciplinary authority.

Opinion 25-51 A judge may be a member of a federal judiciary study group organized by the League of Women Voters. If the group becomes involved in partisan political activity or discussion, the judge must resign.

Opinion 25-53 A part-time non-attorney judge may volunteer as a Court Appointed Special Advocate (“CASA”). However, the judge is disqualified in any matter involving the CASA program, and when the child or a member of the child’s family appears in the judge’s court.

Opinion 25-54 (1) A judge whose remaining unexpended campaign funds at the conclusion of his/her window period 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, in order to facilitate closing down the campaign account. To the extent that our prior opinions required a candidate to discern whether such purpose is also “within the contemplation of campaign donors,” we hereby modify our prior opinions as needed to abolish that requirement. (2) A judge with de minimis unexpended campaign funds may use them to purchase artwork for the judge’s courtroom and chambers. The images must be consistent with the dignity and impartiality of the judiciary, and display of artwork in the courtroom is subject to appropriate administrative approvals.

Opinion 25-55 A judge who files a lawsuit must not voluntarily disclose his/her judicial status to the presiding judge, unless relevant, related, or necessary to the proceeding. Instead, disclosure should be made to the other side, through counsel where possible, so that both sides can decide jointly on the best course of action to take under the circumstances.

Opinion 25-56 A judge who learns of an ongoing investigation into possible misconduct by an attorney has complete discretion to determine whether he/she can be fair and impartial in the attorney’s cases.

Opinion 25-57(A) A judge may preside in matters where a fifth-degree relative appears as an attorney, but should disclose the relationship.

Opinion 25-57(B) A town justice must object in writing to the town’s installation of cameras in the courtroom and notify an appropriate administrative or supervising judge. Where the courtroom is a multipurpose room, the judge has discretion to consult with court administrators about providing the judge a method of keeping the cameras off during court sessions, instead of removing them.

Opinion 25-58 A full-time judge may not be a non-legal advisor for a charitable not-for-profit organization that engages in substantial advocacy and lobbying activities, and thus may not serve on the organization’s Emeritus Board. 

Opinion 25-59 A full-time judge may appear on a non-commercial podcast and may be identified as a judge, provided the judge’s participation is not used to promote or market the podcast. The judge’s appearance is subject to generally applicable limitations on judicial speech and conduct, including the public comment rule. 

 

April 30, 2025 Special Broadcast

Opinion 25-85 On these facts, a judge must not speak at a high-profile “rally” which has become a heavily politicized “call to action” against the current presidential administration and will be held in a location that is regularly used for political rallies. 

 

March 24, 2021 Special Broadcast - Important Opinion on Remittal

Opinion 21-22(A) Remittal of disqualification is a three-step process requiring full disclosure on the record of the basis for disqualification and the voluntary affirmative consent of the parties and their counsel. However, we no longer prohibit remittal of disqualification merely because a party is unrepresented. We hereby modify our prior opinions to abolish that requirement.