Opinion 25-92

June 26, 2025

Digest:  A judge may not serve on the board of directors of an entity to which the judge may refer cases for mediation.

Rules:   22 NYCRR 100.2; 100.2(A); 100.4(A)(1)-(3); 100.4(C)(3); 100.4(C)(3)(a)(i)-(ii); Opinions 15-190; 11-44, 07-161; 07-02, 02-91; 00-50; 93-30.

Opinion:

          A full-time judge asks if he/she may serve on the board of directors for the New York Peace Institute, a not-for-profit organization that provides “mediation, conflict coaching, and restorative justice practices to help New Yorkers navigate disputes peacefully” (see https://nypeace.org/wp-content/uploads/2025/04/Board-Member-NYPI-posting-1.pdf [visited 7/17/2025]).  According to its website, the Peace Institute provides services to a wide range of trial-level courts, including the one in which the inquiring judge presides (see https://nypeace.org/court-related/ [visited 7/17/2025]).  The Peace Institute expressly invites litigants to request their case be referred to mediation (see id.). 

          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 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]).  A judge may be an officer or director of a not-for-profit organization devoted to the improvement of the law, the legal system, or the administration of justice, subject to certain limitations (see 22 NYCRR 100.4[C][3]).  For example, a full-time judge may not so serve if it is likely the organization “will be engaged in proceedings that ordinarily would come before the judge” (22 NYCRR 100.4[C][3][a][i]) or “will be engaged regularly in adversary proceedings in any court” (see 22 NYCRR 100.4[C][3][a][ii]).

          Applying these principles, we have advised that a judge may not serve on the board of an organization or agency to which the judge, directly or indirectly, refers cases or litigants (see e.g. Opinions 15-190; 11-44, 07-02, 02-91).  The prohibition applies if the judge and/or the judge’s court has the power to make such referrals (see e.g. Opinion 00-50).  Thus, although we recognize that not-for-profit alternative dispute resolution providers can play an important role in helping improve the administration of justice, we have said a judge may not serve on the board of a dispute resolution center to which he/she can refer cases (see Opinion 07-161; cf. Opinion 93-30).  

          Here, because the Peace Institute solicits and accepts referrals from the inquiring judge’s court, we conclude the judge may not serve on the organization’s board of directors.