Opinion 25-171
December 18, 2025
Digest: 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.
Rules: 22 NYCRR 100.2; 100.2(A); 100.2(C); 100.4(D)(3); Opinions 23-108; 12-187.
Opinion:
A full-time judge who worked at a well-known chain restaurant in his/her youth has been invited by a local franchisee to be honored in a corporate program to recognize successful individuals who previously worked for the restaurant. The free event would take place at a local franchise restaurant, and attendees would include “children in the community along with local elected officials and community leaders.” The judge would receive a corporate varsity jacket, and the judge’s picture and biographical information would be shared on the program’s website. The corporation indicates that any photos, video, and/or editorial content from the event would “not be used for paid advertising or promotional campaigns.” Instead, any materials would be used “exclusively for local media editorial coverage.” As explained in the formal letter of invitation, the program would “publicly acknowledge [the judge’s] accomplishments and recognize the role [the restaurant] played at the start of [the judge’s] path.” That is, the program explicitly seeks to draw a connection between the chain restaurant and the judge’s later professional success.[1] The judge asks if it is ethically permissible to attend the event and accept the recognition.
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 must not lend the prestige of judicial office to advance the private interests of the judge or others (see 22 NYCRR 100.2[C]). In addition, a full-time judge must not serve as an “advisor, employee or other active participant of any business entity,” unless an exception applies (22 NYCRR 100.4[D][3]).
We have advised that “a judge may not engage in extra-judicial activity that promotes the interests of a commercial enterprise” (Opinion 12-187 [discussing many prior opinions]). Thus, while we recognized that a for-profit awards banquet sponsored by a commercial legal publisher “is related to the law,” we concluded that serving as “a keynote speaker, honoree or awards recipient” at the banquet would “impermissibly lend[] the prestige of judicial office to advance private interests” (id.). Similarly, we said 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 (Opinion 23-108). We again concluded that acceptance by the judge would impermissibly lend the prestige of judicial office to a commercial entity, where the recognition to be conferred was “inextricably tied to its sponsorship by a featured for-profit business entity” (id.).
Here, notwithstanding the corporation’s assurances that the event will not be used for “paid advertising or promotional campaigns,” it will nonetheless be open for “local media editorial coverage” in order to “recognize the role” the corporation played in the judge’s professional accomplishments. In our view, it would be nearly impossible to separate the inquiring judge from the chain restaurant, its branding, or its apparent aim of promoting the restaurant as a place to work. On these facts, we therefore conclude that accepting the restaurant’s recognition would impermissibly lend the prestige of judicial office to that commercial entity (see 22 NYCRR 100.2[C]).
Accordingly, the inquiring judge may not accept the recognition.
[1] “This initiative celebrates the discipline, resilience, and foundational skills cultivated in our restaurants that have supported individuals in achieving extraordinary success in their respective fields. Your own history as a [restaurant employee] and your distinguished career in public service exemplify the spirit of this program.”