Opinion 25-84

June 26, 2025

Digest:  On the facts presented, a judge and the judge’s chambers staff who are assigned to work in the county’s municipal complex may attend a county-hosted “Employee Appreciation Day” event.

Rules:   22 NYCRR 100.2; 100.2(A); 100.4(A)(1)-(3); 100.4(D)(5)(h); Opinions 24-88; 23-122; 18-65; 15-12; 12-136.

Opinion:

          A multi-bench judge presides in a county that hosts an annual “Employee Appreciation Day” event at the local fairgrounds.  Admission and lunch are provided to invitees at no cost, along with “music, awards and carnival-like games.”  The event is attended by county employees, including staff from the sheriff’s office, the department of social services, and other agencies.  The county government has invited judicial and non-judicial court staff who work at the county municipal complex to attend.  The judge asks if it is ethically permissible to accept.

          A judge must always avoid even the appearance of impropriety and act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2; 100.2[A]).  A judge’s extra-judicial activities must be compatible with judicial office and must not cast doubt on the judge’s impartiality; detract from judicial dignity; or interfere with proper performance of judicial duties (see 22 NYCRR 100.4[A][1]-[3]).  Judges may not accept a gift or favor unless an exception applies.  Where none of the more specific exceptions apply, the catch-all exception permits acceptance “only if: the donor is not a party or other person who has come or is likely to come or whose interests have come or are likely to come before the judge” (22 NYCRR 100.4[D][5][h]).

          We have advised that a judge may accept free admission to a county fair from the not-for-profit organization sponsoring the event, where the sponsor and its interests are unlikely to come before the judge and county officials in non-judicial branches of government also received complimentary admission (see Opinion 12-136).  We have also said a judge may attend a non-political, non-fund-raising “generic cultural/holiday celebration [that] is free and open to the public, and will be paid for by state/government funds” (Opinion 23-122).

          Under the circumstances, the county—as opposed to any specific agency that may appear before the judge—is fairly considered to be the host or sponsor of the event and thus the donor of the benefits at issue.  Thus, it does not raise the same concerns as complimentary use of the sheriff department’s workout facility (Opinion 24-88) or special access to a police department’s defensive driving program (Opinion 16-73). 

          To the extent the invitation broadly encompasses those “assigned to work in the county municipal complex,” regardless of their employer’s identity, this further undercuts any possible appearance of impropriety (cf. Opinions 12-136 [free passes to county fair offered to “local government officials”]; 18-65 [routine casino perks offered to similarly situated patrons]; 15-12 [free tickets and parking vouchers offered by a local sports team as part of a community-wide promotional marketing campaign]). 

          On these facts, so long as the donor and its interests have not come, and are not likely to come before the judge, attendance by the judge and court staff who are assigned to work in the county’s municipal complex does not create an appearance of impropriety (see Opinions 15-12; 12-136; 22 NYCRR 100.4[D][5][h]).  We therefore conclude that the judge and his/her staff may attend this county-hosted “Employee Appreciation Day” event.