Opinion 26-96

May 7, 2026

Digest:  A part-time lawyer judge may accept employment as a senior supervising attorney or non-equity law partner with a law firm and thereafter appear in the law firm’s advertisements, provided no reference is made to his/her judicial status.

Rules:   Judiciary Law §§ 16-17; 471; 22 NYCRR 100.2; 100.2(A); 100.2(C); 100.4(G); 100.6(B)(1)-(4); Opinions 24-154; 20-58; 14-158; 13-76; 10-25; 09-59/09-86; 06-41; 92-125.

Opinion:

          A part-time lawyer judge expects to receive an offer of employment as a senior supervising attorney or non-equity law partner at a law firm in another county.  The judge now asks if he/she may, as a law firm employee, appear in advertisements for the law firm in various formats such as (1) “television commercials and marketing advertisements for the firm” as one of their attorneys; (2) “podcasts and other social media contexts on behalf of the firm;” and (3) videos on the firm’s website, “to provide an overview of the firm’s practice areas and [his/her own] area of expertise.”

          A judge must always avoid even the appearance of impropriety and promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2; 100.2[A]).  Unlike a full-time judge, a part-time judge may practice law, subject to certain limitations (see e.g. 22 NYCRR 100.4[G]; 100.6[B][1]-[4]; Judiciary Law §§ 16-17; 471).  A judge must not lend the prestige of judicial office to advance the private interests of the judge or others, nor convey or permit others to convey the impression that they are in a special position to influence the judge (see 22 NYCRR 100.2[C]).

          A part-time judge who practices law “is prohibited from using his/her judicial title in advertisements for the judge’s private law practice as to do so lends the prestige of judicial office to advance the private interests of the law firm” (Opinion 13-76).  Indeed, we have said a lawyer judge may not post his/her judicial decisions on a personal social media website that may be viewed by current or prospective clients, as he/she must avoid even the appearance of “indirectly” using his/her judicial position to “promote his/her law practice” (Opinion 20-58).

          Nonetheless, a judge may include his/her judicial title within an online biography on the law firm’s website, “as long as the judge is careful to avoid the appearance that the judge’s judicial position is being used to promote either the law firm or the judge’s own legal services” (see Opinion 09-59/09-86; see also Opinions 14-158; 13-76).  To that end, we advised in Opinion 09-59/09-86 (citations omitted):

A judge should not describe his/her judicial duties or significant cases over which he/she has presided. Rather, a judge should use a simple, direct statement similar to what would appear in a resume or in Martindale-Hubbell. In addition, the information about a lawyer/judge that appears on a law firm’s website must not imply that a judge is pre-disposed to decide a certain class of cases in a particular way and must not otherwise detract from the dignity of judicial office. Finally, the lawyer/judge must ensure that the information about him/her that is posted on a law firm’s website also complies with the applicable provisions of the Rules of Professional Conduct.

We further emphasized that a part-time judge may mention his/her judicial title “within the body” of their online law firm biography or profile, but not in the heading, in the firm’s list of attorneys, or elsewhere on the law firm’s website or stationery (see Opinions 24-154; 14-158). 

          Similar principles apply here; the judge must not use or permit any reference to his/her judicial title or status in the law firm’s advertisements, whether they are in the form of television commercials, marketing advertisements, podcasts, social media posts, or videos on the law firm’s website, as they are clearly designed to advance the private interests of the law firm (see 22 NYCRR 100.2[C]; Opinions 13-76; 10-25; 06-41; 92-125).

          Accordingly, we conclude that the inquiring part-time lawyer judge may, after accepting employment with the law firm (see 22 NYCRR 100.6[B][4]), appear in the firm’s advertisements in a variety of formats, provided no reference is made to the judge’s judicial status in such advertisements.