Opinion 26-80

May 7, 2026

Digest:  (1) A judge may selectively choose which national, ethnic, or religious days to celebrate or recognize. 
(2) The Rules Governing Judicial Conduct do not prohibit a judge from asking an administrative judge to invite other judges and court staff to wear certain colors in recognition of another nation’s declaration of independence, but any administrative decisions on this issue are beyond our jurisdiction.

Rules:   Judiciary Law § 212(2)(l); 22 NYCRR 100.2; 100.2(A); 100.2(D); 100.3(B)(4)-(5); 100.3(C)(1)-(2); 101.1; Opinions 23-147; 23-133; 21-168; 19-50; 18-45.

Opinion:

          The inquiring judge “regularly receive[s]” emails inviting him/her to “wear certain colors to celebrate various dates or causes,” such as green on St. Patrick’s Day.  The judge asks if it is ethically permissible for judges to selectively choose which days to celebrate and if he/she may ask an administrative judge to invite judges and staff to wear blue and white in recognition of Israeli Independence Day.

A judge must always avoid even the appearance of impropriety and act in a manner that promotes public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2; 100.2[A]).  A judge in the performance of judicial duties must not manifest bias or prejudice in his/her words or conduct (see 22 NYCRR 100.3[B][4]; 100.3[C][1]) and must require attorneys and staff to do likewise (see 22 NYCRR 100.3[B][5]; 100.3[C][2]).  A judge may nonetheless “hold[] membership in an organization that is dedicated to the preservation of religious, ethnic, cultural or other values of legitimate common interest to its members” (22 NYCRR 100.2[D]).

          Judges must take particular care with respect to the public display of symbolic flags or stickers on the bench or in the courtroom, as the courtroom is “a uniquely public place in which cases are adjudicated” (Opinion 19-50 fn 1).  By contrast, we have advised that a judge may wear pins or stickers on his/her personal clothing, and may likewise display signs and flags in a more private area such as chambers (see Opinion 23-147).  We note that such items usually express pride in the judge’s ethnicity, culture, race, religion, sexual orientation, or the like.

          The question of whether judges may selectively celebrate or recognize particular dates and causes must be answered affirmatively.  We are not empowered to advise members of the judiciary on the deeply personal decisions of which days to celebrate or which causes to hold dear (cf. Opinion 23-133 [observing that a judge need not “hedge every expression of sympathy for one particular religious, ethnic or cultural group, by immediately expressing sympathy for all other groups that may be similarly suffering”]).  If the inquiring judge chooses to wear certain colors on personal clothing to commemorate a date of particular cultural, religious, or historical significance to the judge, he/she may do so (see e.g. Opinion 23-147).  In sum, a judge may selectively choose which national, ethnic, or religious days to celebrate or recognize.

          In our view, the Rules Governing Judicial Conduct also do not prohibit a judge from asking an administrative judge to invite other judges and staff to wear certain colors for an occasion of personal or cultural significance.  Accordingly, the judge may ask an administrative judge to invite other judges and court staff to wear blue and white in recognition of Israeli Independence Day.  Any administrative decisions on this issue, however, involve primarily legal or administrative questions beyond our jurisdiction (see Judiciary Law § 212[2][l]; 22 NYCRR 101.1; Opinions 21-168; 18-45).