(1) A judge may establish a judicial mentoring program to help promote diversity in the judiciary, which will pair sitting or retired judges with attorneys who wish to seek judicial office. (2) A mentor judge may review and comment on an attorney mentee’s application to a judicial screening panel, and may share his/her own experience in going through the elective or appointive process to become a judge, but may not contact political party leaders or others on the mentee’s behalf. (3) The mentor judge must exercise particular caution to avoid any perception of involvement in impermissible political activity both before and after the mentee publicly declares his/her candidacy for election to judicial office. Therefore, the mentor judge must not advise his/her mentee on campaign strategy, campaign literature or other outreach to voters or political leaders. (4) A fully retired judge, who is not designated as a judicial hearing officer or otherwise performing judicial functions with the court system, is not subject to these limitations.
22 NYCRR 100.0(A), (Q); 100.2; 100.2(A); 100.2(C); 100.4(A)(1); 100.4(B); 100.5(A)(1); 100.5(A)(1)(ii), (iii); 100.5(A)(1)(c)-(e), (g); 100.5(A)(2)-(7); 100.6(A); Opinions 16-124; 16-47; 16-34; 15-133; 15-120; 14-93; 14-85; 12-149; 12-144; 09-151; 07-170; 05-140; 05-101
Reviewing Screening Panel Application and “Mooting” the Applicant
Special Considerations When Mentoring an Applicant forElectiveJudicial Office
Retired Judges as Mentors
Finally, the Committee observes that there is no ethical impropriety in establishing a judicial mentoring program that matches fully retired judges with attorneys who are seeking judicial office. While both current and former judges may have extensive experience and wisdom to share with aspiring judges, a former judge generally has greater freedom of action than a sitting judge. Indeed, a fully retired judge who is not designated as a judicial hearing officer or otherwise performing judicial functions with the court system is not subject to the Rules Governing Judicial Conduct (see generally22 NYCRR 100.6[A]).
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