Opinion 25-59

May 15, 2025

Facts/Issue:  A full-time judge has been asked by a relative to appear on a start-up podcast as an unpaid participant to discuss topics including “being a [particular gender] judge in today’s world; balancing work-life with a college-aged child and a child participating in travel [sports]; and discussing being the oldest child.”  He/she would be identified as a judge, but there would be “no discussion or references to current legal cases or controversies.”

Discussion:   It is ethically permissible for a judge to participate in non-commercial podcasts, which are roughly analogous to traditional radio or television broadcasts.  We have required, however, that the judge advise the podcast host not to use the judge’s participation to promote the podcast beyond that episode, or to promote any other private interest.

Conclusion:  A full-time judge may appear on a non-commercial podcast and may be identified as a judge, provided the judge’s participation is not used to promote or market the podcast.  The judge’s appearance is subject to generally applicable limitations on judicial speech and conduct, including the public comment rule.

Authorities:  Opinions 25-33; 23-01; 20-81(B); 16-05.