Opinion 25-146

November 6, 2025

Digest:  A judge may be a regular member of the National Council of Negro Women but may not assume a leadership position, associate him/herself with its positions on matters of public controversy, or become involved in its litigations.

Rules:   22 NYCRR 100.2; 100.2(A); 100.3(A); 100.4(A)(1)-(3); 100.5(A)(1); Opinions 25-58; 24-132; 24-101; 23-118.

Opinion:

          The inquiring full-time judge asks if he/she may be a member of the National Council of Negro Women (NCNW), which the judge describes as “an organization like the NAACP.”  According to its website, the NCNW is a 501(c)(3) not-for-profit “organization of organizations” that strives to enlighten, inspire, and connect “more than 2 million women and men.”  The NCNW “promotes education; encourages entrepreneurship, financial literacy, and economic stability; educates women about health and promotes healthcare access, and promotes civic engagement and advocates for sound public policy and social justice.” 

          A judge must always act in a manner that promotes public confidence in the judiciary’s integrity and impartiality and avoids even the appearance of impropriety (see 22 NYCRR 100.2; 100.2[A]).  A judge’s judicial duties must “take precedence” over the judge’s other activities (see 22 NYCRR 100.3[A]), and thus a judge’s extra-judicial activities must be compatible with judicial office and must not cast reasonable doubt on the judge’s impartiality, detract from the dignity of judicial office, or interfere with proper performance of judicial duties (see 22 NYCRR 100.4[A][1]-[3]).  A judge also may not “directly or indirectly engage in any political activity” unless an exception applies (22 NYCRR 100.5[A][1]).

          Where a not-for-profit entity such as the NAACP “engages in some activities clearly permissible for judges as well as some potentially controversial lobbying, advocacy and litigation activities,” we have said a judge may be a member but must not assume a leadership role in the organization or otherwise publicly associate him or herself with organizational positions on matters of public controversy, nor should the judge become involved in the organization’s litigations (see Opinion 23-118 [citations omitted]; see also e.g. Opinions 25-58 [Grand Street Settlement]; 24-132 [Zonta International]; 24-101 [NAACP]).

          The same analysis applies to the NCNW.  The judge may therefore be a member of the NCNW but may not assume a leadership position, associate him/herself with its positions on matters of public controversy, or become involved in its litigations.