Opinion 26-28

March 26, 2026

Digest:   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.

Rules:    22 NYCRR 100.0(S); 100.1; 100.2; 100.2(A), (C); 100.3(A); 100.3(E)(1); 100.4(A)(1)-(3); Opinion 13-45.

Opinion:

          The inquiring judge will be serving as the president of a local bar association for a one-year term.  The bar association meetings are currently held in the conference room of a private law firm.  After checking his/her current inventory, the judge confirms that he/she has no pending cases involving this law firm.  On these facts, the judge asks if he/she may continue to host bar association meetings at the law firm’s offices during his/her tenure as bar association president.  The judge is willing to recuse in matters involving the law firm, if necessary.

          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 of the judge’s other activities (22 NYCRR 100.3[A]).  A judge’s extra-judicial activities must therefore be compatible with judicial office and must not cast reasonable doubt on the judge’s impartiality, detract from judicial dignity, or “interfere with the proper performance of judicial duties” (22 NYCRR 100.4[A][1]-[3]).  A judge must uphold the judiciary’s independence (see 22 NYCRR 100.1; 100.2[A]) and thus must not “convey or permit others to convey the impression that they are in a special position to influence the judge” (22 NYCRR 100.2[C]; cf. 22 NYCRR 100.0[S] [“An ‘independent’ judiciary is one free of outside influences or control”]).  Moreover, a judge must disqualify in any proceeding where the judge’s impartiality “might reasonably be questioned” (22 NYCRR 100.3[E][1]),

          In Opinion 13-45, we addressed the propriety of attending and being honored at a bar association reception held on the premises of a private law firm.  In that instance, we advised that “if the event will be held at a sponsoring law firm’s offices while that law firm is actively engaged in litigation before the judge on its own, or a client’s, behalf, the judge should carefully consider whether, given all the circumstances presented, there might be an appearance of impropriety if the judge were to attend” (Opinion 13-45).  We enumerated factors the judge should consider pertaining to the proceeding before the judge as well as the event in question, but ultimately left both attendance and disclosure to the judge’s discretion after considering these and any other relevant factors (id.).

          We recognize a significant difference here, as this judge does not propose to attend a single bar association event hosted at a law firm.  Instead, in his/her capacity as bar association president, the judge proposes to host bar association meetings on the premises of a private law firm throughout his/her one-year term. 

          In our view, the proposed ongoing connection between the judge and the law firm could create an appearance of impropriety and/or raise reasonable questions as to the impartiality of the judge in matters where the law firm represents a party (see 22 NYCRR 100.2; 100.3[E][1]).

          However, it appears that this particular law firm does not regularly appear before the judge, as he/she does not currently have any cases involving the law firm.  Accordingly, on these facts, we conclude the judge may continue to host bar association meetings on the premises of this law firm, but must disqualify him/herself from any cases in which the law firm appears during the judge’s term as bar association president (see 22 NYCRR 100.3[E][1]).

          If holding the 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 president of the bar association (see 22 NYCRR 100.3[A]; 100.4[A][3]).