Opinion 88-166

January 12, 1988

Topic:          Whether a judge may submit an affidavit of good character to the bar admission committee for a student who has worked for the judge as a summer intern.

Digest:         A judge may submit an affidavit of good character for an applicant to the New York bar if it contains an accurate reflection of the judge’s opinion.

Rules:          22 NYCRR 100.2(c); Canon 2B of the Code of Judicial Conduct.

Opinion:

         A judge asks the Committee whether the judge may submit an affidavit of good character to the bar admission committee on behalf of a law student who has worked for the judge as a summer intern.

         Section 100.2(c) of the Rules of the Chief Administrator of the Courts and Canon 2B of the Code of Judicial Conduct of the Judiciary Law are relevant to the question.

         Section 100.2(c) provides that, “No judge shall lend the prestige of his or her office to advance the private interests of others; nor shall any judge convey or permit others to convey the impression that they are in a special position to influence him or her. No judge shall testify voluntarily as a character witness.”

         Canon 2B provides that, “A judge should not allow family, social, or other relationships to influence his judicial conduct or judgment. He should not lend the prestige of his office to advance the private interests of others; nor should he convey or permit others to convey the impression that they are in a special position to influence him. He should not testify voluntarily as a character witness.”

         The transmission of an affidavit of good character is not prohibited by these rules. To find otherwise would prevent, for example, a law student who has worked directly for a judge from obtaining the judge’s support when seeking admission to the bar. In such instances the judge not only is not prohibited from preparing such an affidavit but is encouraged to do so.

         A judge may submit an affidavit of good character to a law admission committee on behalf of an applicant, provided that the recommendation reflects the judge’s opinion of the applicant’s character. The judge may use his or her judicial stationery, provided that the words “Personal and Unofficial” are noted clearly on the stationery.