Opinion 26-03

February 5, 2026

Facts/Issue:  A judge was listed as a reference by an applicant for appointment to a full-time judicial position.  The appointing authority contacted the inquiring judge and they spoke about the applicant.  Thereafter, the applicant contacted the judge and asked for a written reference to attach to the applicant’s follow-up submission.  The inquiring judge asks whether it is ethically permissible to send such a letter when requested solely by the applicant.

Discussion:   The Rules Governing Judicial Conduct prohibit judges from lending the prestige of judicial office to private interests, including by testifying voluntarily as a character witness.

We have previously advised that a judge should not submit a letter on behalf of an applicant seeking appointment or reappointment to a judicial position, whether at the judge’s own initiative or at the applicant’s request.  To do so would be the equivalent of testifying as a character witness.

The judge may respond to a request by the appointing authority, whether orally or in writing, but here no letter was requested following the authority’s conversation with the judge.

Conclusion:  A judge may not submit a letter in support of an applicant’s appointment to a judgeship at the request of the applicant.

Authorities:  Opinions 00-124; 99-04; 98-123; 96-117.