Opinion 26-99

May 7, 2026

Facts/Issue:    The inquiring judge has been engaged in an administrative proceeding with a city agency.  After the hearing officer or administrative tribunal issued a ruling, opposing counsel advised the judge that the city agency would sue in federal court, and that its filing may publicly identify the judge’s name and address.  The judge objects to public disclosure of information protected by the Judicial Security Act, and thus asks if it is ethically permissible to disclose his/her judicial status to the city agency for the purpose of alerting them to the existence and relevance of the statute.

Discussion:     We have advised that a judge who is a litigant in his/her private capacity should not make a voluntary, unnecessary disclosure of his/her judicial status to the presiding judge.  Even well-meaning disclosure of judicial status could be viewed as an attempt to use that status to further the litigant-judge’s private interests.  Instead, disclosure should be made to the other side, through counsel where possible, so that both sides can decide jointly on the best course of action to take under the circumstances.

                      On the facts presented, we conclude the inquiring judge may follow the same principles in connection with the recent administrative proceeding and proposed federal action.  Thus, the judge may disclose his/her judicial status to opposing counsel for the purpose described, but should not voluntarily disclose his/her judicial status to the hearing officer, administrative tribunal, or federal judge “unless relevant, related, or necessary to the proceeding.”

Conclusion:    Where opposing counsel in an administrative proceeding informs the judge they plan to file an action against the judge in federal court and this may publicly reveal the judge’s name and address, the judge may instruct his/her attorney to alert opposing counsel to his/her judicial status in order to ensure that they are aware of the Judicial Security Act.  If the judge is acting pro se, he/she may alert opposing counsel personally. 

Authorities:  Opinions 26-01; 25-55; 22-66; 15-131; 07-18; 06-145.