Opinion 26-57

March 26, 2026

Digest:  A judge who is also a volunteer rabbi/chaplain may deliver an opening prayer or invocation at the start of a legislative session and may be identified by both clerical and judicial titles.

Rules:   22 NYCRR 100.2; 100.2(A); 100.4(A)(1)-(3); Opinions 15-79; 14-193; 09-240/09-241/10-06.

Opinion:

          The inquiring full-time judge is also as a volunteer rabbi/chaplain.  Before assuming judicial office, the judge had been invited by legislative bodies to deliver an opening prayer or invocation at the start of the legislative session.  The judge asks if this is a permissible extra-judicial activity and, if so, whether he/she may be identified as a judge.

          A judge must always avoid even the appearance of impropriety and act in a manner that promotes public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2; 100.2[A]).  Absent a specific prohibition, a judge may generally participate in extra-judicial activities that are compatible with judicial office and that do not cast doubt on the judge’s capacity to act impartially, detract from the dignity of judicial office, or interfere with judicial duties (see 22 NYCRR 100.4[A][1]-[3]). 

          We note initially that the judge does not propose to appear at any public hearing of a legislative body or to participate in its deliberations or debates; the opening prayer or invocation is a separate religious or civic function preliminary to such activities. 

          A judge may participate in a wide variety of religious activities, subject to generally applicable limitations (see Opinion 15-79).  For example, a judge or quasi-judicial official who is being ordained as a local religious leader may attend a non-fund-raising event in his/her honor and “accept congratulatory proclamations and resolutions from executive and legislative officials” (Opinion 14-193).  Similarly, a judge may “publicly participate in a non-fund-raising National Day of Prayer event, lead a prayer, and be identified as a judge” (Opinion 15-79).

          We have also advised that a judge may attend the swearing-in ceremony of a newly elected public official and administer the official’s oath of office (see Opinion 09-240/09-241/10-06).  We emphasized that such a ceremony “is a civic event that calls for collegiality among holders of public office, and tends to promote civil relations and discourse between the various branches of government” (id.).

          Similar principles apply here.  Accordingly, the inquiring judge may deliver an opening prayer or invocation at the behest of a legislative body to mark the start of a legislative session and in doing so may be identified by both clerical and judicial titles.