Opinion 25-154

November 6, 2025

Digest:  A judge may liquidate his/her personal household items through a yard sale or on an online platform, provided he/she does so solely as a private citizen without indicating his/her judicial status and any such sales are one-off or very occasional, rather than ongoing.

Rules:   22 NYCRR 100.2; 100.2(A); 100.4(A)(1)-(3); 100.4(D)(1)(a)-(c); 100.4(D)(3); Opinions 21-22(B); 15-17; 03-02; 95-74.

Opinion:

          The inquiring full-time judge asks if it is ethically permissible to sell off clothing, accessories, appliances, and other personal household items through yard sales and online platforms such as eBay, Poshmark, Craigslist, and Facebook Marketplace.  The items are all presently in the judge’s possession and would be sold “to liquidate excess belongings and declutter [the judge’s] home.”

          A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]).  A judge’s extra-judicial activities must be compatible with judicial office and must not (1) cast reasonable doubt on the judge’s capacity to act impartially as a judge; (2) detract from the dignity of judicial office; or (3) interfere with proper performance of judicial duties (see 22 NYCRR 100.4[A][1]-[3]).  A judge must not “engage in financial and business dealings that: (a) may reasonably be perceived to exploit the judge's judicial position; (b) involve the judge with any business, organization or activity that ordinarily will come before the judge; or (c) involve the judge in frequent transactions or continuing business relationships with those lawyers or other persons likely to come before the court on which the judge serves” (22 NYCRR 100.4[D][1]).  In addition, a full-time judge must not serve as an “active participant of any business entity,” unless an exception applies (22 NYCRR 100.4[D][3]).

          We have advised that a full-time judge may not engage in “a continuing activity of buying and selling carpets,” even if the judge personally considers the activity as a hobby, because “that activity, in fact, constitutes a business and is not permissible” (Opinion 95-74).  Conversely, in Opinion 03-02, a full-time judge requested guidance on permissible methods to dispose of a large “collection of sports memorabilia,” most of which were acquired 30 years before.  The judge was considering options such as direct sale to dealers, or consignment, or auction, or a one-time liquidation.  We advised that all of those methods were permissible under the circumstances (id.):

Here, it does not appear that the inquiring judge has been engaged in any ongoing business activity of buying and selling sports memorabilia.  The judge acquired most of the items approximately 30 years ago and now wishes to dispose of this personal asset.  We know of nothing which prevents a judge from disposing of his/her property; and none of the methods suggested by the judge as to how this may be accomplished is objectionable.  Thus, the judge may sell, consign, auction, or otherwise liquidate the collection, as suggested in the inquiry.

          On the facts described, it appears the judge does not propose to engage in an ongoing activity of buying and selling personal household items, but instead seeks to declutter his/her home of excess belongings already in his/her possession.  In our view, the judge may do so through lawful means such as a yard sale and/or a one-off sale on suitable online platforms, provided the judge does so solely as a private citizen without indicating his/her judicial role or title (cf. Opinion 21-22[B]).  The judge should not direct any advertising of such sales to attorneys or otherwise exploit his/her judicial position (see 22 NYCRR 100.4[D][1][a]).  We emphasize that such sales should be one-off or very occasional, rather than ongoing (see Opinions 03-02; 95-74; cf. also Opinion 15-17).