Opinion 26-86

May 7, 2026

Digest:  A judge may send a thank-you note to the supervisors of the part attorneys who regularly appear before the judge, acknowledging the attorneys’ professionalism and efficiency on a day when the calendar volume was exceptionally heavy.  The note may be on judicial stationery but must be marked “personal and unofficial.”

Rules:   22 NYCRR 100.2; 100.2(A); 100.2(C); 100.3(B)(7); 100.3(B)(10); Opinions 25-142; 12-149; 11-82; 10-85; 09-68; 07-77; 95-53.

Opinion:

          The inquiring judge asks if he/she may send a note of appreciation to the supervisors of the part attorneys from a particular agency and a private law firm, who regularly appear before the judge, acknowledging their professionalism and efficiency in “allowing the timely completion of all matters” on a recent day when the “calendar volume was exceptionally heavy, with last-minute additions.”  The judge proposes to use a simple format such as:

I am writing to commend the exceptional professionalism of (attorney name) in handling the _____ calendar on (date).  The calendar was very heavy and (attorney name) was thoroughly prepared.  The swift administration of these cases is of vital importance to all parties.

          A judge must avoid impropriety and its appearance in all the judge’s activities (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]).  Therefore, a judge shall not lend the prestige of judicial office to advance the private interests of others and shall not testify voluntarily as a character witness (see 22 NYCRR 100.2[C]).  A judge must “dispose of all judicial matters promptly, efficiently and fairly” (22 NYCRR 100.3[B][7]).  The rules also permit a judge to “express appreciation to jurors for their service to the judicial system” without “commend[ing] or criticiz[ing] the jurors for their verdict” (22 NYCRR 100.3[B][10]).

          We have previously advised that a judge may, subject to certain limitations, write letters thanking jurors for their service or their willingness to serve (see Opinions 07-77; 95-53); thanking lawyers for accepting pro bono cases through a court-sponsored pro-bono program (see Opinion 09-68); and expressing appreciation to the executive branch for a recent upgrade of court facilities (see Opinion 11-82).  In these instances, the judge’s appreciation related to matters that directly involved the administration of justice and were well within the scope of the judge’s official duties. 

          In addition, we have also recognized that a judge may provide feedback about an attorney’s performance in appropriate circumstances.  For example, where reporting to the attorney grievance is not ethically mandated, a judge may nonetheless provide comments about the attorney to the assigned counsel panel (see Opinion 25-142) or report the attorney’s misconduct to his/her employer (see Opinion 10-85).  We have also said a trial judge may critique a trial attorney’s performance, subject to the Rules Governing Judicial Conduct, provided the judge offers the trial attorney’s adversary the same or similar learning opportunity (see Opinion 12-149).

          Here, we conclude the inquiring judge may acknowledge the attorneys for their professionalism in handling the court’s recent heavy calendar, and thank them for their contribution to the prompt, efficient and fair administration of justice.  The judge may use judicial stationery for this purpose, but must mark it “personal and unofficial.”