May 7, 2026

Facts/Issue: A court attorney-referee’s spouse works for a law firm that periodically holds weekend retreats for its attorneys. The firm covers meals and lodging for employees and their spouses, but pays airfare for employees only. The referee asks if he/she may attend the retreat as a spouse, paying his/her own airfare and attending only social events, while avoiding strategy meetings and client presentations. The referee does not, and will not, preside in matters involving the spouse’s law firm, and his/her presence would not be publicized.

Discussion: A judge may accept “a gift, award or benefit incident to the business, profession or other separate activity of a spouse, … provided the gift, award or benefit could not reasonably be perceived as intended to influence the judge in the performance of judicial duties” (22 NYCRR 100.4[D][5][b]). Applying this rule, we have previously advised that a judge may attend, as a guest of his/her spouse, a multi-day conference related to the spouse’s employment, subject to certain limitations. We have also said that a judge may attend a sporting event or concert in a luxury box as a guest of the judge’s spouse, where use of the luxury box seats is a benefit incident to the spouse’s employment as officer of a company that is unlikely to come before the judge, and could not reasonably be perceived as intended to influence the judge in the performance of judicial duties.

Conclusion: On these facts, a court attorney-referee may attend his/her spouse’s employer’s weekend retreat on the same basis as other employees’ spouses, may accept ordinary social hospitality, and may engage in social activities that are provided to conference attendees.

Authorities: Opinions 21-95; 21-35; 09-74.