Opinion 25-46
March 27, 2025
Digest: A part-time judge may volunteer with a not-for-profit organization to assist immigrant families in filling out standby guardianship, power of attorney, and health care proxy paperwork.
Rules: 22 NYCRR 100.2; 100.2(A); 100.3(A); 100.4(A)(1)-(3); 100.6(B)(2); 22 NYCRR pt 1200, Rule 6.5; Opinions 23-148; 23-64; 22-191; 21-88; 15-68; 10-30; 09-165; 09-110; 98-74; 92-35.
Opinion:
The inquiring part-time judge asks if they may volunteer with a not-for-profit organization to assist immigrant families in filling out and submitting “standby guardianship, power of attorney, and health care proxy paperwork.” The judge would not represent the families in any court.[1]
A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and must always act in a manner that promotes public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]). A judge’s judicial duties “take precedence” over all the judge’s other activities (22 NYCRR 100.3[A]). Thus, 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 the proper performance of judicial duties (see 22 NYCRR 100.4[A][1]-[3]). A part-time attorney judge may practice law, but “shall not practice law in the court on which the judge serves, or in any other court in the county in which [their] court is located, before a judge who is permitted to practice law, and shall not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto” (22 NYCRR 100.6[B][2]).
We have recognized that “the community benefits from having judges take an active part in community affairs whenever possible” (Opinion 22-191). Subject to certain limitations involving highly controversial or political organizations (see e.g. Opinions 98-74; 09-165), a part-time lawyer judge may provide legal services for a not-for-profit entity that is not likely to appear before the judge (see Opinion 10-30). Similarly, we said a part-time lawyer judge may represent a not-for-profit charitable or civic entity pro bono, subject to the restrictions of Section 100.6(B)(2) (see Opinion 21-88). We have also advised that a part-time lawyer judge may provide legal services to individuals without charge in appropriate circumstances (see Opinions 09-110; 92-35).
Here, the inquiring part-time lawyer judge wishes to help immigrant families plan in advance for medical and other contingencies by preparing basic documents such as “standby guardianship, power of attorney, and health care proxy paperwork” as part of a not-for-profit entity’s organized program. As the judge will neither be representing anyone in court nor providing legal advice with respect to matters pending or impending in any court, the restrictions of Section 100.6(B)(2) are not implicated. On these facts, we see no appearance of impropriety in the proposed volunteer work.[2]
We thus conclude the proposed conduct is permissible, assuming it does not “interfere with the proper performance of judicial duties” (22 NYCRR 100.4[A][3]; 100.6[B][4]; cf. Opinion 23-148 [suggesting steps “to minimize the risk of possible conflicts”]). As always, the judge’s participation is subject to generally applicable limitations on judicial speech and conduct.
[1] Where applicable, attorneys may provide certain short-term limited legal services pro bono without any expectation of continuing representation (see generally 22 NYCRR pt 1200, Rule 6.5).
[2] Among many other distinctions, we note that the contemplated services here are far narrower than in Opinion 15-68 (pro bono help desk in courthouse) and Opinion 23-64 (phone bank for unspecified “legal questions”).