Opinion 26-55

March 26, 2026

Digest:  Provided the judge has a good-faith basis to believe the asserted causes of action are legally proper, a judge may commence a lawsuit in his/her personal capacity for monetary damages against a litigant who filed a fictitious “judgment” against the judge with a county clerk, separate and apart from any expungement proceedings.  The judge may proceed either pro se or through counsel, but must not use judicial stationery, court staff, or other court resources in pursuing such private causes of action.

Rules:   Judiciary Law § 212(2)(l); 22 NYCRR 100.2(A), (C); 101.1; Opinions 15-131; 14-119; 14-58; 12-96; 10-43/10-44; 00-07; 90-103; 90-11.

Opinion:

          The inquiring part-time attorney judge was sued by a dissatisfied litigant, and the lawsuit was dismissed.  Thereafter, the litigant filed a lengthy document with a county clerk, styled on its face as a “judgment” against the judge.  The county clerk accepted it as a “miscellaneous” document.  In the putative judgment, the litigant purports to “find” the judge “guilty of trespass” and awards him/herself money damages.  A certified copy was sent to the municipality’s insurance carrier with a demand for payment.  The judge has already reported the incident to the District Attorney’s office, and the insurer’s counsel is undertaking expungement.  The judge now asks: “May I, in my personal capacity, either pro se or through counsel, file suit against [the litigant] for defamation, abuse of process, and any other cause of action which I have a good faith basis to believe entitles me to recover compensatory and/or punitive damages?”

          A judge must always promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]) and must not lend the prestige of judicial office to advance any private interests (see 22 NYCRR 100.2[C]).

          We have advised that the Rules Governing Judicial Conduct “do not preclude a judge from exercising the same rights as any other citizen when appearing as a litigant” (Opinion 12-96).  Thus, a judge may “pursue legal remedies to vindicate his or her personal legal rights which are believed to have been violated” (Opinion 00-07; see also e.g. Opinions 10-43/10-44; 90-103; 90-11).  The same principles apply where a judge is considering bringing a defamation action, although in so advising we emphasized that we were not “express[ing] an opinion concerning the merits of any law suit contemplated by the inquiring judge” (Opinion 00-07).

          There are, of course, limitations on the pursuit of such personal remedies.  As relevant here, we have advised a judge must “not use court resources, staff, stationery, or time that would otherwise be devoted to judicial duties in pursuing [a] private matter” such as a defamation claim (id.).  While a judge may use judicial stationery and court resources in a proceeding to expunge a frivolous lien filed by a litigant against the judge’s property (see Opinions 14-119; 14-58), we note that it is the municipality’s insurer, rather than the judge, that is pursuing expungement of the putative judgment here.  In our view, this narrow exception does not encompass the inquiring judge’s proposed claims for defamation, abuse of process, or any other “cause of action [for] compensatory and/or punitive damages.”

          Therefore, we conclude this judge may, in his/her personal capacity, file a lawsuit for compensatory and/or punitive damages against a litigant who filed a fictitious “judgment” against the judge with a county clerk, provided the judge has a good-faith basis to believe the asserted causes of action are legally proper under the circumstances.  The judge may file such lawsuit either pro se or through counsel, but must not use judicial stationery, court staff, or other court resources in pursuing such private causes of action.

          As always, we cannot comment on any legal questions, including the merits of any potential causes of action contemplated by the judge (see Judiciary Law § 212[2][l]; 22 NYCRR 101.1; Opinions 15-131; 00-07).