Opinion 25-116

September 10, 2025

Digest:  A judge may not host a party for two attorneys who appear before him/her and are expectant parents.

Rules:   22 NYCRR 100.1; 100.2; 100.2(A)-(C); Opinions 23-84; 18-124; 17-24; 08-52.

Opinion:

          A judge asks if he/she may host a small party in his/her jury room during lunch hour for two practicing attorneys who are expectant parents, to celebrate the upcoming births of their children.  Both attorneys are prosecutors who regularly appear before the judge.  The judge would invite the prosecutors and “a finite list of defense counsel from the Assigned Counsel panel who regularly appear” in the judge’s specialized criminal part.  The judge proposes only to provide light refreshments and does not mention “showering” the expectant parents with gifts.

          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]).  Thus, a judge must not allow “family, social, political or other relationships to influence the judge’s judicial conduct or judgment” (22 NYCRR 100.2[B]) and must not “convey or permit others to convey that they are in a special position to influence the judge” (22 NYCRR 100.2[C]).

          While we recognize that a judge may host some events at the courthouse for attorneys or others (see e.g. Opinions 23-84; 18-124; 17-24), we have not previously addressed whether a judge may host a party at the courthouse in honor of a practicing attorney who regularly appears before the judge.

          Here, the proposed party would celebrate the upcoming birth of a child, a significant personal/family milestone, for two prosecutors who regularly appear before the judge.  We conclude it is impermissible.  In our view, this gesture, no matter how gracious and well-intentioned, could create the possible appearance of favoritism, which judges must avoid (see e.g. Opinions 18-124; cf. Opinion 08-52).  Accordingly, we conclude this judge may not host a party for two expectant-parent attorneys who appear before him/her.