Opinion 26-62

May 7, 2026

Digest: A criminal court judge with personal knowledge of a not-for-profit organization that provides re-entry services for criminal defendants may write a letter supporting the organization’s application to renew its contract with a local municipality, provided the letter reflects the judge’s personal observations and experiences with the organization.  The judge may use judicial stationery for the letter, provided the stationery is marked “personal and unofficial.”

Rules:   22 NYCRR 100.2; 100.2(A); 100.2(C); 100.4(C)(3)(b)(iii); Opinions 24-113; 20-144; 16-95/16-107; 14-180; 06-85; 01-100/01-101.

Opinion:

          The inquiring criminal court judge frequently interacts with a not-for-profit organization that provides re-entry services to criminal defendants.  The organization has asked the judge to support its application to renew its contract with the local municipality, and has provided a sample/pre-written letter.  The judge does not wish to use the pre-written letter, but asks if it is ethically permissible to write a letter offering the judge’s own personal observations of the organization in support of its application and/or affirmatively suggest the municipality renew the contract.  If permitted, the judge would also like to write such letter on judicial stationery.

          A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2), must always act to 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]).  Nonetheless, a judge “may make recommendations to public and private fund-granting organizations on projects and programs concerning the law, the legal system or the administration of justice” (22 NYCRR 100.4[C][3][b][iii]).

          We have previously advised that “[a] judge who makes direct and indirect referrals to mental health and substance abuse services may write a letter in support of a local counseling agency’s application for approval as a certified behavioral health clinic” (see Opinion 24-113).  Likewise, “[a] judge who regularly refers litigants to a residential substance abuse treatment facility may write a letter supporting the facility’s application to become a participating service provider for insurance purposes” (see Opinion 14-180).  We have also advised that a judge may write a letter supporting “a not-for-profit organization’s grant application to assist crime victims, provided the letter describes only the judge’s personal knowledge and experience with the organization and is limited to objective facts” (see Opinion 16-95/16-107).

          Here, too, if the inquiring judge believes a renewed contract will help improve the legal system and the administration of justice, he/she may write a letter in support, consistent with generally applicable limitations on judicial speech and conduct (see Opinions 24-113; 14-180).  Although the judge may submit a letter in support of the organization, he/she should not specifically recommend that the “proposed contract should be entered into between the [municipality] and the organization, given the lack of personal knowledge or expertise concerning the details of any proposal, or of fiscal considerations or of any other factor relevant to the awarding of a particular contract” (Opinion 01-100/01-101).  Further, the judge should not simply sign the pre-written letter but should write his/her own letter based on his/her personal observations and experiences with the organization (see Opinions 24-113; 16-95/16-107; 01-100/01-101; cf. Opinion 20-144).  The judge may use judicial stationery for the letter, provided the stationery is marked “personal and unofficial” (see Opinion 06-85).