Opinion 25-72
May 15, 2025
Digest: On these facts, a judge may participate in a job fair hosted and sponsored by an executive branch official, which will be held in the rotunda of the county courthouse.
Rules: 22 NYCRR 100.2; 100.2(A); 100.3(A); 100.3(B)(8); 100.4(A)(1)-(3); 100.4(B); Opinions 25-64; 19-100; 15-133; 12-49; 09-151.
Opinion:
The inquiring full-time judge, and other members of his/her local Equal Justice in the Courts Committee, would like to participate in a job fair organized by a local elected executive branch official. The job fair will take place in the rotunda of the county courthouse and features multiple public and private sector employers.[1] The event is “free and open to the public” and is expected to attract “young adults, college students and even high school students.” Court employees propose to set up a table at the fair and “take shifts handing out flyers about the many positions within the court system.” The judge asks if he/she may “distribute materials regarding positions in the court system” and speak with the public about the judge’s “experience in the court system” in both non-judicial and judicial roles, including his/her path to the bench.
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]). Although a judge may generally speak, write, and otherwise participate in extra-judicial activities (see 22 NYCRR 100.4[B]), judicial duties “take precedence” over all the judge’s other activities (22 NYCRR 100.3[A]). Thus, any extra-judicial activities must be compatible with judicial office and 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]). In addition, a judge must not make any public comment about a pending or impending proceeding in any court within the United States or its territories (see 22 NYCRR 100.3[B][8]).
We have advised that a judge, as a representative of a not-for-profit organization, may participate in a job fair to provide information about an upcoming exam for the position of court officer and to encourage members of the lesbian, gay, bisexual, and transgender communities to take it (see Opinion 09-151). We noted, approvingly, that the judge’s proposed activity was “specifically designed to encourage certain members of the community to actively pursue careers involving the administration of justice and, as a result, promote diversity in the court system” (id.). Here, the judge would be speaking to the public at the job fair about his/her experiences within the court system and path to the bench. This proposed topic is a generally permissible one (see e.g. Opinion 15-133) and would promote public awareness of the judiciary and the court system.
The fact that this job fair is sponsored by an elected executive branch official, rather than a not-for-profit organization or the Unified Court System, does not necessarily render the judge’s participation impermissible. We have said, for example, that a judge may speak about his/her judicial experiences at a federal legislator’s non-partisan, non-political youth cabinet meeting (see Opinion 19-100) and may preside over a mock video arraignment for educational purposes during a county executive’s state of the county speech (see Opinion 12-49). Indeed, we have said a judge may “participate as a judge in a free hat contest/pageant” during a festive cultural event co-hosted by various legislators, provided that 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” (Opinion 25-64).
Here, the job fair is designed to inform and educate the public regarding career options and job opportunities with a variety of employers. The judge’s proposed participation at a table devoted to careers in the courts will be correctly seen as encouraging the public to consider applying for non-judicial positions as well as higher aspirations within the judiciary. In our view, such participation is unlikely to “create any reasonable public perception” that the judge is endorsing the executive branch official or his/her policies (Opinion 12-49).
We therefore conclude the judge may attend and speak at the job fair, provided he/she adheres to the public comment rule and other generally applicable limitations on judicial speech and conduct (see e.g. Opinion 15-133; 22 NYCRR 100.3[B][8]).
For completeness, we note that court attorneys and other non-judicial court staff may consult the Office of Court Administration’s Nonjudicial Ethics Helpline (888-283-8442; inside-ucs.org/oca/ethics/) for guidance on any issues that may arise under Part 50.
[1] Although we follow the inquiring judge’s lead in describing the job fair’s location as the courthouse rotunda, we note that multiple executive branch offices are also located within the building and share the rotunda as a common area.