Opinion 24-55
March 14, 2024
Digest: A judge may not accept a leadership position with an Exploring Post that is to be administered and mentored by the local sheriff’s office.
Rules: 22 NYCRR 100.2; 100.2(A); 100.3(A); 100.4(A)(1), (3); 100.4(C)(2)(b); 100.4(C)(3)(a)(i); Opinions 23-221; 20-55; 19-151; 12-80; 07-52; 05-13; 00-54/00-56.
Opinion:
The inquiring town justice would like to volunteer with a proposed Exploring Post, to be hosted by the county sheriff’s office. Exploring Posts are part of the Boy Scouts’ non-uniformed programming and are intended to foster career and character development for youth from ages 14 to 20.[1] The sheriff’s office would administer the program and provide mentorship and career training. The judge asks if it is ethically permissible to be an adult leader in this youth program.
A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and must always act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]). A judge’s judicial duties “take precedence over all the judge’s other activities” (22 NYCRR 100.3[A]), and thus his/her extra-judicial activities must be compatible with judicial office and not “cast reasonable doubt on the judge’s capacity to act impartially as a judge” or “interfere with the proper performance of judicial duties” (22 NYCRR 100.4[A][1], [3]). Among other restrictions, a judge may not accept appointment as a peace officer or police officer (see 22 NYCRR 100.4[C][2][b]). A judge may generally serve as an officer, director, trustee or non-legal advisor of a not-for-profit charitable or civic organization, provided the entity is not likely to be “engaged in proceedings that ordinarily would come before the judge” (22 NYCRR 100.4[C][3][a][i]).
We see nothing inherently improper in a judge volunteering with scouting organizations or mentoring youth. For example, we have advised that a judge may hold the position of scoutmaster or troop leader in a local Boy Scout troop (see Opinions 19-151; 05-13). We have also said a judge may mentor high school students through a program organized by a not-for-profit chamber of commerce (see Opinion 20-55).
However, we must also look at the overall context, including the role of the sheriff’s office in hosting this Exploring Post. Indeed, we have previously advised that a judge may not serve on the board of directors of a not-for-profit “Law Enforcement Exploring” program which is “designed to promote law enforcement careers and is jointly administered with the county police department” (Opinion 12-80). More broadly, a judge must not participate in otherwise laudable community activities that could readily be perceived as a law enforcement program and thus compromise the judge’s appearance of impartiality (see e.g. Opinions 07-52 [judge may not serve on crime-prevention subcommittee of city program when program as whole could be perceived as law-enforcement program, and could also frequently result in cases which would come before judge’s court]; 00-54/00-56 [judge may not participate with law enforcement agencies in “criminal justice focus group” excluding defense representatives and endorsing goals of local county coalition against domestic violence and sexual assault to develop specific guidelines for police, prosecutors, and probation]). Likewise, although a town justice may serve on the board of a not-for-profit organization formed to protect and preserve a nearby lake, we said he/she may not serve on the organization’s navigation and recreation subcommittee, which serves as a liaison with law enforcement and conservation officers (see Opinion 23-221). We explained our concern that the subcommittee’s “activities may be seen as intertwined with law enforcement functions and/or may create the appearance that the judge is aligned in interest with law enforcement” (id.).
This particular Exploring Post will be administered by the sheriff’s office, which will also provide mentorship and career training. Under these circumstances, it would be difficult, if not impossible, to avoid a public perception that the program is sponsored by law enforcement and is intended to promote law enforcement careers. The judge’s proposed participation as an adult leader in the program could cast doubt on the judge’s impartiality and/or create an appearance that the judge is aligned in interest with law enforcement. Accordingly, the judge may not accept a position as a leader with this particular Exploring Post.
[1] The Exploring program is under the auspices of a former subsidiary, now an affiliate, of the Boy Scouts of America. The program website suggests that Exploring Posts may focus on one of twelve career fields, one of which is “Law Enforcement Exploring” (see https://www.exploring.org [visited Apr 9, 2024]).