Opinion 25-82
May 15, 2025
Rules: 22 NYCRR 50.1(III)(B); 50.2(c); 50.5; 100.5(A)(1); 100.5(C); 100.6(A); Opinions 24-66; 20-29; 13-133; 12-71.
Opinion:
The inquiring administrative judge is aware of Opinion 24-66, which advises that “[a] personally appointed court attorney whose official court duties include serving as a small claims arbitrator is a quasi-judicial official and therefore generally prohibited from engaging in political activity.” The judge’s court employs many court attorneys who are not personal appointees of a judge and whose “official court duties” do not include serving as a small claims arbitrator or other quasi-judicial functions. The judge asks, in effect, whether such court attorneys become subject to the broad Section 100.5(A)(1) limitations on political activity when they qualify as small claims arbitrators and volunteer to arbitrate small claims cases.
Where a court attorney “does not have a quasi-judicial title nor functions,” their political activity is ordinarily subject to Part 50, the Rules Governing Conduct of Nonjudicial Court Employees (see Opinion 12-71; 22 NYCRR 50.1[III][B]; 50.2[c]; 50.5).[1]
Conversely, individuals “who perform judicial functions within the judicial system” must comply with Part 100, the Rules Governing Judicial Conduct, in performing their judicial duties and otherwise must “so far as practical and appropriate” use such rules as guides to their conduct (22 NYCRR 100.6[A]). We have concluded that such individuals are subject to the same limitations as judges with respect to their political activity (see e.g. Opinions 24-66; 20-29; 13-133). Thus, like judges, a quasi-judicial official must not “directly or indirectly engage in any political activity” unless an exception applies (22 NYCRR 100.5[A][1]).
We have advised that SCAR hearing officers and small claims arbitrators are “persons ... who perform judicial functions within the judicial system” within the meaning of Section 100.6(A) (see Opinions 24-66; 20-29). As the functions of a small claims arbitrator are identical whether performed as part of a court attorney’s official court duties or as a volunteer, we cannot distinguish Opinion 24-66 on this basis. A court attorney’s status as civil service employee rather than a judge’s personal appointee also has no relevance to the Section 100.6(A) analysis.
Accordingly, we conclude that court attorneys who arbitrate small claims cases, whether as part of their court employment duties or on a volunteer basis, are quasi-judicial officials and therefore are generally prohibited from engaging in political activity.
For completeness, we note that other court attorneys -– those who do not serve as small claims arbitrators, SCAR hearing officers, court attorney-referees, or other established quasi-judicial titles or functions -– need not comply with the restrictions of Section 100.5(A)(1) unless they themselves are part-time judges or candidates for election to judicial office (see 22 NYCRR 100.6[A] [“persons to whom by their terms these rules apply”]).
[1] Section 50.2(c), by its terms, only applies to “personal appointees of judges on the judges’ staffs” (22 NYCRR 50.2[c]; see also 22 NYCRR 100.5[C]).