Opinion 25-64
March 27, 2025
Digest: A judge may attend a festive cultural event that is hosted by legislators, where the event is free and open to the general public and is not sponsored by or affiliated with the legislators’ campaign committees or any other political organization. The judge may also participate as a judge in a free hat contest/pageant during the event.
Rules: 22 NYCRR 100.2; 100.2(A); 100.4(A)(1)-(3); 100.5(A)(1); Opinions 23-122; 23-98; 12-49; 88-111.
A judge asks if he/she may attend a festive cultural event that is hosted by two legislators, but not sponsored by or affiliated with their campaign committees or any other political organization. The event is not a fund-raiser; it is free and open to the public. The judge also asks if, during the event, he/she may participate as a judge of a hat contest/pageant that is free and open to event attendees.
A judge must always avoid even the appearance of impropriety and must always act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2; 100.2[A]). A judge may engage in extra-judicial activities that are compatible with judicial office and that do 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]). However, a judge must not “directly or indirectly engage in any political activity” unless an exception applies (22 NYCRR 100.5[A][1]).
We have previously advised that a judge may attend generic cultural/holiday celebrations hosted by elected public officials, where such events are free and open to the public and are paid for by state/government funds rather than campaign funds (see Opinion 23-122). As we noted, “the mere fact that [a cultural] event is hosted by an elected nonjudicial official does not render it an impermissible political gathering” (id., citing Opinion 23-98).
Here, too, although the cultural event is hosted by legislators, we emphasize that it is not sponsored by or affiliated with the legislators’ campaign committees or any other political organization. Nor is the event a fund-raiser, as it is free and open to the public. Under these circumstances, we conclude that it is ethically permissible for the judge to attend the cultural event.
The novel question remaining is whether the judge may serve as a judge in the event’s hat contest/pageant. We have previously advised that a village justice may serve as a judge in a community cake-baking contest at a village social, provided that “the cake-baking contest is not designed for fund-raising” (Opinion 88-111). We have also said a judge may preside in a mock video arraignment for educational purposes during a county executive’s state of the county speech (see Opinion 12-49 [noting that judge’s proposed participation would not create reasonable perception that judge is endorsing county executive or his/her policies]). Here, too, the contest/pageant is not a fund-raiser and the judge’s proposed role as a judge in the contest/pageant is unlikely to create any reasonable perception that the judge is endorsing the legislators or their policies.
Accordingly, we conclude that the judge may participate during the event as a judge of the hat contest/pageant.