Opinion 25-179

December 18, 2025

Digest:  A town or village justice may not refuse to respond “off hours” to conduct arraignments.

Rules:   22 NYCRR 100.2(A); 100.3(A); 100.3(B)(7); 100.3(C)(1); Opinions 99-148; 98-150.

Opinion:

          The inquiring town or village justice presides in a county that does not have a centralized arraignment part.  As a result, the local justices in that county are “very often called by law enforcement during hours the court is not in session,” including “in the middle of the night.”  In his/her representative capacity as an officer of the county magistrates association, the judge asks whether there are any ethical prohibitions against “refusing to respond ‘off hours’ to conduct an arraignment.” 

          A judge must “respect and comply with the law” and must always act “in a manner that promotes public confidence” in the judiciary’s integrity and impartiality (22 NYCRR 100.2[A]).  A judge’s judicial duties “take precedence” over all the judge’s other activities, and such duties include “all the duties of the judge’s office prescribed by law” (22 NYCRR 100.3[A]).  A judge must “dispose of all judicial matters promptly, efficiently and fairly” (22 NYCRR 100.3[B][7]) and “should cooperate with other judges and court officials in the administration of court business” (22 NYCRR 100.3[C][1]).

          We have previously cautioned that a judge must not hold a settlement conference in order to “further the judge’s convenience or personal interests” (Opinion 99-148).  Moreover, while the proper location for an arraignment is largely a legal question, we have noted that use of a non-court location cannot be justified as “a matter of convenience and preference” (Opinion 98-150).

          As we understand it, a practice or policy of categorically refusing to take late-night calls to conduct arraignments would necessarily prioritize the refusing judge’s comfort and convenience over his/her own judicial duties (see 22 NYCRR 100.3[A]).  It could also effectively force other judges to take more than their fair or reasonable share of “off hour” arraignments on an ongoing basis (see 22 NYCRR 100.3[C][1]).

          Based on the foregoing, we conclude that a judge may not refuse to respond “off hours” to conduct an arraignment.