Opinion 25-185

December 18, 2025

Digest:  A court attorney-referee may not participate in the legislative affairs committee of a not-for-profit organization, where this involves advocating for government funding of medical research.

Rules:   22 NYCRR 100.2; 100.2(A); 100.2(C); 100.4(C)(3)(b)(i), (iii); 100.5(A)(1); 100.6(A); Opinions 25-152; 15-123; 12-58; 03-38; 98-160.

Opinion:

          The inquiring court attorney-referee asks if he/she may participate in the legislative affairs committee of a not-for-profit organization, which advocates for government funding for medical research into a particular disease.  Committee members focus on “federal advocacy” to make this specific medical research a priority, which includes “meeting with congressional members, submitting forms to congressional offices during the appropriations process to request funding, and helping raise awareness about the need for funding in their own networks.”

As quasi-judicial officials, court attorney-referees must comply with the Rules Governing Judicial Conduct in performing their official duties and otherwise must “so far as practical and appropriate” use the Rules to guide their conduct (22 NYCRR 100.6[A]).  A judge must avoid even the appearance of impropriety (see 22 NYCRR 100.2) and always act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]).  A judge must not lend judicial prestige to advance private interests (see 22 NYCRR 100.2[C]) nor engage in impermissible political activity (see 22 NYCRR 100.5[A][1]).  In addition, while one narrow exception permits judges to “make recommendations to public and private fund-granting organizations on projects and programs concerning the law, the legal system or the administration of justice” (22 NYCRR 100.4[C][b][iii]), judges may not otherwise personally participate in soliciting funds or other fund-raising activities (see 22 NYCRR 100.4[C][3][b][i]).  

          We have advised that a judge may not personally participate in soliciting funds for “parks or park projects” from legislators or the public, and “thus may not meet with legislators about the need to complete a park project and its benefits to the community” (Opinion 25-152).  Likewise, a judge may not contact legislators to encourage them to appropriate funds for a public library (see Opinions 03-38; 98-160), may not encourage legislators to appropriate funds for a fire company (see Opinion 12-58), and may not write annual letters to legislators requesting funding for the needs of local senior citizens (see Opinion 15-123).

          Here, the same principles apply.  Thus, the inquiring court attorney-referee may not participate in the legislative affairs committee of a not-for-profit organization, where this involves advocating for government funding of medical research through activities such as meeting with legislators, contacting legislative offices during the appropriations process to request funding, and raising awareness about the need for government funding in the referee’s own networks.