Opinion 25-120

September 10, 2025

Digest:  A judge who co-chairs a bar association section may meet with the other co-chair(s) in the judge’s robing room or other areas of the courthouse during court hours to plan continuing legal education programs for the bar association, provided the meetings do not interfere with the proper performance of judicial duties.

Rules:   22 NYCRR 100.2; 100.2(A); 100.3(A); 100.4(A)(1)-(3); Opinions 16-93; 07-126; 03-20; 02-84; 89-91.

Opinion:

          The inquiring judge co-chairs a bar association section focused on a specific area of law.  The other co-chair(s) are practicing attorneys who also appear before the judge.  The judge asks if it is ethically permissible to meet with his/her co-chair(s) in the judge’s robing room during court hours to plan continuing legal education (“CLE”) courses for the bar association.  The judge also asks if the co-chairs may meet in a public area of the courthouse, such as the law library.  Either way, the judge understands such meetings must not interfere with performance of judicial duties. 

          A judge must always avoid even the appearance of impropriety and act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2; 100.2[A]).  A judge’s judicial duties take precedence over all of the judge’s other activities (see 22 NYCRR 100.3[A]).  A judge’s extra-judicial activities must therefore be compatible with judicial office and must not cast doubt on the judge’s impartiality, detract from judicial dignity, or interfere with judicial duties (see 22 NYCRR 100.4[A][1]-[3]).

          We have advised that a judge may serve as the co-chair of a bar association committee (see Opinions 02-84; 89-91).  Indeed, judges are generally encouraged to participate in bar association activities devoted to the improvement of the law, the legal system, and the administration of justice (see e.g. Opinion 07-126).  To that end, we have advised a judge may permit a bar association ceremony to be held at the courthouse (see Opinion 03-20), and may display promotional materials for bar association CLE programs on a table in the back of the courtroom (see Opinion 16-93).

          Here, we similarly conclude this judge may hold meetings to plan bar association CLE programs with his/her section co-chair(s) in the judge’s robing room or other areas of the courthouse, provided the meetings do not interfere with the proper performance of judicial duties (see e.g. 22 NYCRR 100.4[A][3]).