A sampling of recent judicial ethics advisory opinions

  • A judge may be part of a court team that applies for grants for a behavioral health court.  Kansas Opinion JE-187 (2023).
  • A judge is not automatically disqualified from a case because one of the attorneys is a member of the board of supervisors that votes on the budgets for local courts.  Virginia Opinion 2023-1.
  • When a judge finds that an attorney’s failure to comply with a discovery order was based on misguided advice from the attorney’s supervisor and was not willful or in bad faith, the judge is not required to report the attorney to the State Bar, and the judge’s decision to declare a mistrial constitutes appropriate corrective action.  California Supreme Court Committee Formal Opinion 2024-25.
  • A judge is not required to report their own ethics violation to the State Commission on Judicial Conduct.  New York Opinion 2023-137.
  • A judge may not write a letter on behalf of a family member to a sentencing judge even if the sentencing judge is in a different judicial district, the letter would not be on judicial letterhead, and the judge would not include their job title.  Kansas Opinion JE-188 (2024).
  • A judge may not initiate a drive within a courtroom or courthouse to collect toys or dental hygiene products on behalf of non-profit, charitable organizations and may not partner with bar associations to initiate such drives.  New York Opinion 2023-136.
  • A judge may not promote local businesses and/or businesses operated by their friends, family, and classmates on social media.  A judge may not send out solicitation letters for a non-profit charitable organization; post announcements about the organization’s fund-raising activities or initiatives on social media; post a link to a page that solicits donations; sell raffle tickets; collect tickets at a fund-raising event; solicit, collect, or accept money for a “bounce house” rental or fund-raising dinner; or solicit bottles and cans to be converted to cash at a redemption center or collect cash for them at the center.  New York Opinion 2023-140.
  • A judge may attend an event hosted by a non-partisan business organization featuring a speech by the attorney general and accept a ticket to the event from a non-lawyer who will not appear before the judge.  Florida Opinion 2024-1.
  • A judge may not be the keynote speaker for a non-fund-raising event sponsored by a law center that is “dedicated to protecting the State of Israel.”  New York Opinion 2023-155.
  • To represent the judiciary’s interests, the chief judicial officer of the court system may speak at a legislative conference sponsored by a not-for-profit entity at a session about the judiciary’s operational needs and/or experience with developing technologies but may not otherwise attend or participate in the conference.  New York Opinion 2023-200.
  • A judge may participate in an elimination dinner that is a fund-raiser for a non-profit organization as long the organization does not regularly appear before them or any court and may allow their name to be placed on the handout, but not their title.  West Virginia Opinion 2024-1.
  • A judge may not serve as a paid coach for public middle school and high school sports teams.  A judge may serve as a paid referee for sports/summer activities.  West Virginia Opinion 2024-4.
  • A new magistrate may not continue to work for a realty company as a realtor.  A new magistrate may remain a co-owner of an LLC that owns rental properties.  West Virginia Opinion 2024-2.
  • A judge whose child is a student at a local public high school may not stand for election to or serve on the school board but may attend and participate in school board meetings as a parent.  New York Opinion 2023-159.
  • A judge may attend events for their child’s political campaign, including fundraising events, and appear in campaign ads and other materials, provided their title is not used or referenced and they appear only as a supportive parent.  South Carolina Opinion 1-2024.
  • A judge should strongly discourage their spouse from hosting a fundraiser for a judicial candidate at their residence.  Washington Opinion 2023-5.
  • A judicial candidate may not answer a political party’s questionnaire about controversial issues when the questionnaire says that it is not asking for the candidate’s personal opinions and does not give the candidate an opportunity to expound on their answers.  West Virginia Opinion 2024-3.
  • A prosecutor who is a candidate for circuit judge may not post about the outcome of criminal cases on their prosecutor website even if what is written is limited to the facts of the case but may post a sentencing order without further comment.  West Virginia Opinion 2024-5.
  • A judicial candidate may represent county and state political parties in lawsuits but must be careful not to use the representation to skirt the code of judicial conduct and should preface any statements, comments and media responses with the representation that they are speaking only as counsel for the parties.  West Virginia Opinion 2024-6.

A sampling of recent judicial ethics advisory opinions

  • Judicial officers have an ethical obligation to understand technology, including artificial intelligence, and to take reasonable steps to ensure that any AI tools on which their judgments are based are used properly and within the confines of the law and court rules.  Michigan Opinion JI-155 (2023).
  • A judge may congratulate successful youth part participants with a handwritten note, but the note may not be included in a gift bag of commercially branded promotional items that will be given to the participants at an event celebrating their success.  New York Opinion 2023-127.
  • A judge may wear a rainbow pin or flag on the judge’s personal clothing and display similar pins, flags, or signs in the judge’s chambers. New York Opinion 2023-147.
  • A judge may not authorize the court marshal to act as a conduit between dog breeders and donors who want to fund a court therapy dog for use with child victims and vulnerable adults.  West Virginia Opinion 2023-29.
  • A judge who unequivocally pledged during their campaign to, if elected, incarcerate offenders, exclude drug dealers from the community, ensure maximum sentencing of repeat offenders, and protect domestic violence victims is disqualified during their entire term from all criminal cases, all vehicle and traffic law matters, and cases in any court involving allegations of domestic violence or purported drug dealers.  New York Opinion 23-158.
  • A judge who presides over criminal cases may attend a softball game between the sheriff’s office and police department as long as their attendance is not promoted, advertised, or made a focal point during the game.  Florida Opinion 2023-11.
  • A judge may not serve as an officer or director of a not-for-profit community group organized to oppose proposed changes to a public park and may not engage in community outreach or fundraising on behalf of the group, but if they have a clear and direct personal interest at stake, the judge may donate to the group, publicly state their personal position on the proposed change, and engage in certain other public advocacy activities on their own behalf.  New York Opinion 2023-114.
  • A judge may serve as the administrator of a not-for-profit religious organization’s food pantry and prepare its funding applications, but may not personally sign them and must instead designate someone else to sign the applications.  New York Opinion 2023-118.
  • A judge may not permit a fraternal organization to use their likeness, image, or affiliation for any fund-raising purposes and should instruct the organization not to use their video interview at an event where one purpose is fundraising.  New York Opinion 2023-121.
  • Because some of the NAACP’s activities are clearly permissible for judges and some involve potentially controversial lobbying, advocacy, and litigation, a judge may be a member of the NAACP but may not serve as president of a local chapter.  New York Opinion 2023-118.
  • A judicial association may enter into a licensing agreement with a vendor to create and sell themed products to association members if the agreement is non-transferable and the association prohibits the vendor from using the association’s name in any advertising and from listing the association as a customer/client.  New York Opinion 2023-116.
  • A judge may attend generic cultural/holiday celebrations hosted by elected public officials when such events are free, open to the public, and paid for by government funds, not campaign funds.  New York Opinion 2023-122.
  • A judicial officer may not attend an inaugural dinner and ball celebrating a city’s new mayor.  Connecticut Informal Opinion 2023-8.
  • A judicial candidate may wear a shirt, hat, or other apparel that shows the URL of their campaign committee website even if the website includes options to donate and endorse the candidate as long as they do not personally direct attorneys and others to the website to make donations or show supportFlorida Opinion 2023-12.

A sampling of recent judicial ethics advisory opinions

  • A treatment court may accept a donation of toiletries from a local bar association to be given to participants by court staff.  New York Opinion 2023-132.
  • When a judge concludes that there is a substantial likelihood that an attorney made biased and harassing comments to court personnel and opposing counsel during a court appearance but outside the judge’s presence, the judge must report the attorney to the appropriate attorney grievance committee even if the judge has already counseled the attorney that the remarks were completely inappropriate.  New York Opinion 2023-113.
  • A judge may provide information as a witness in an office of attorney regulation investigation of the district attorney and the district attorney’s staff regarding 4 cases over which the judge presided even if the judge is currently presiding over other cases involving the district attorney and staff under investigation.  Colorado Opinion 2023-2.
  • Judges may not attend a local bar association’s annual invitation-only “Judges’ Reception” hosted and paid for by a law firm whose members regularly practice in their districts and who have cases pending before some of the judges.  Connecticut Emergency Staff Opinion 2023-5.
  • A judge may not participate in the monthly hotline of the ethics committee of the Maryland State Bar Association.  Maryland Opinion Request 2023-32.
  • A judicial association may honor an elected official at a non-fund-raising event for their role in increasing diversity in the judiciary, provided the event is not political.  New York Opinion 2023-98.
  • A judge may serve as treasurer of their local American Legion post and participate in a regional American Legion service committee that strives to help women veterans.  New York Opinion 2023-91.
  • A judge may help distribute previously donated books for free to the public at community events, provided the judge does not personally participate in any book drives or other solicitations.  A judge may volunteer to read the judge’s own published books to children at a not-for profit “mobile bookstore.”  New York Opinion 2023-101.
  • A judge may be honored at a non-fund-raising event held by a not-for-profit organization, even where the entity will recognize the judge for assistance in fund-raising before the judge assumed judicial office.  New York Opinion 2023-105.
  • A judge may not appear as a guest on a law firm’s infomercial on a local television station for a 7-minute segment to discuss abuse and neglect and mesothelioma.  West Virginia Opinion 2023-17.
  • A judge may go on television or other media to address general court procedures as long as the appearance is not tied to any specific pending or impending matter.  West Virginia Opinion 2023-23.
  • A judge who is a member of a local chapter of the NAACP may not participate in its voter registration drive by sitting at its table at a free community event and handing out voter registration forms and non-partisan information even if there will be no fliers or information regarding candidates at the table.  New York Opinion 2023-102.
  • Subject to generally applicable limitations on judicial speech and conduct, a judge seeking a post-judicial retirement professorship at a private law school may participate in the application process by submitting a research agenda, giving a “job talk” presentation, and interviewing with different segments of the law school community.  New York Opinion 2023-112.
  • A judge may participate as a presenter or panel member at a public high school’s Global Citizenship Day, a non-fundraising event, but should request a copy of the proposed topics and choose to participate on a panel where the anticipated discussions are not likely to delve into matters of politics or substantial public controversy.  New York Opinion 2023-106.
  • Whether a quasi-judicial official may attend vigils, rallies, or other public events that invite participants to “stand with Israel” is a fact-specific determination that depends on factors such as the identity of the sponsor(s) and the focus, purpose, and location of the event.  Subject to generally applicable limitations and exercising discretion and avoiding unduly partisan and inflammatory language, a quasi-judicial official may speak on the laws of war; the emotional/spiritual valences of terror, trauma, and moral complexity; the need to reduce and eliminate implicit and overt bias and prejudice; and recent casualties in the Mideast.  When posting on social media or teaching and/or preaching about antisemitism, a quasi-judicial official should not display for educational purposes “a noxious antisemitic and racist flyer” that they received.  A quasi-judicial official may publicly discuss their experiences of racism/prejudice and secondary trauma caused by violence in the Mideast and their observations of the effects of that violence on their family members.   A quasi-judicial official may display another nation’s flag at their residence, appear in photographs with flags of other nations, and wear a lapel pin displaying flags of other nations at non-court events.  A quasi-judicial official may discuss Israeli casualties, focusing on “the dignity and value of innocent life transcending nationality or religion,” without also addressing Palestinian casualties.  New York Opinion 2023-133.
  • An assistant state attorney who has recently been appointed to the county court may handle the sentencing hearing in a case for which they were lead attorney and that has been tried to verdict if the hearing will occur before their judicial service begins.  Florida Opinion 2023-10.
  • A judge may not invest in a cannabis company that has a license to operate a retail dispensary in New York, but the judge is not required to object to independent investing, consulting, or employment by their spouse or other relatives in a cannabis company.  New York Opinion 2023-100.
  • A judge who, with their siblings, is a beneficiary of their parent’s estate may help the sibling who is serving as executor select an attorney for the estate; review documents relating to the estate and the probate proceedings; discuss the estate and the proceedings with the other siblings/beneficiaries; and provide free legal advice to their siblings, including the executor, regarding the estate and the proceedings.  New York Opinion 2023-88.
  • A judge may not serve as vice president or president of the board of governors of a private for-profit social and recreational club.  Connecticut Informal Opinion 2023-6.
  • A judicial candidate may publicly state that they sponsored particular legislation while they were a member of the house of delegates; may list awards received during their legislative tenure; may state their membership in organizations such as the NRA, West Virginia Citizens Defense League, or Republican National Lawyers Association; and may list all of the capacities in which they served while in the legislature.  West Virginia Opinion 2023-26.
  • A judge may not display a “Stop the GOP” bumper sticker on their private vehicle.  West Virginia Opinion 2023-28.

Artificial intelligence and judicial ethics

In what appears to be the first judicial ethics opinion on the issue, the West Virginia Judicial Investigation Commission advised that a judge may use artificial intelligence for research but not to decide the outcome of a case and warned that a judge should exercise extreme caution in using AI in drafting opinions or orders.  West Virginia Advisory Opinion 2023-22.

The opinion includes several definitions of AI.

Black’s Online Law Dictionary 2nd Edition defines “AI” as “a software used to make computers and robots work better than humans.  The systems are rule based or neutral networks.  It is used to help make new products, robotics, [and] human language understanding.”  Webster’s Online Dictionary gives two definitions for the term “AI.”  The first is “a branch of computer science dealing with the simulation of intelligent behaviors in computers.”  The second definition, which is the most instructive, states that AI is the “capability of a machine to imitate intelligent human behavior.”

The opinion notes that “whether you realize it or not, you already use some form of artificial intelligence in your everyday life,” citing “facial recognition on your cell phone; smart email categorization; suggestions from Facebook of new friends; recommendations for what to watch on steaming apps; and navigation sites such as Google Maps.”  It also describes examples of “AI encroachment in the law.”

Stating that judges have an ongoing duty “to remain competent in technology, including AI,” the Commission advises that “a judge may use AI for research purposes” but cautioned that a judge must realize that no AI program is perfect.  It explains that older AI models may fail to produce some relevant results or flag irrelevant documents.  Further, it states that general use AI may produce inaccurate or offensive information and that, while much better, specific use AI “may have downsides if used for other than its intended purpose.”

The opinion emphasizes that “because of perceived bias that may be built into the program,” “a judge should NEVER use AI to reach a conclusion on the outcome of a case.”  The Commission also identifies the use of drafting AI to prepare an opinion or order as “a gray area.”

It is one thing to use a product like Microsoft Word that corrects spelling, punctuation, grammar, maintains a built-in thersaurus and provides an editor’s score for the finished document.  Those products are perfectly acceptable.  However, the use of an AI product to actually draft the findings, conclusions and ultimate decisions should be met with extreme caution.  The drafting product may have built in biases or over time may develop perceived biases based on the judge’s thought process.  AI should never decide the conclusion.

Thus, the opinion concludes that “judges should think of AI as a law clerk . . . .”

Importantly, the law clerk never decides the case.  The judge alone is responsible for determining the outcome of all proceedings.  At the end of the day if the judge somehow violates the Code of Judicial Conduct in reaching a conclusion on the case, he/she cannot say, “the law clerk made me do it” nor can he/she say, “AI made me do it.”  The responsibility for the finished product rests solely with the judge.  Therefore, just as a judge would do with a law clerk’s work, he/she must check the final draft of any written decision to make sure it contains the most current case law and is error free. . . .

As he/she would with a law clerk, the judge must decide which way he/she wants to rule and let the program know in advance to ensure that the product conforms with the decision rendered by the judge.  Like the final draft of the law clerk, the judge must review it to ensure that it is what the judge wishes to convey to the parties in any given case and make changes where needed.

The opinion advises that a judge should research specific AI products to ensure that confidentiality for certain cases like juvenile or abuse and neglect matters will be maintained and to guard against potential plagiarism, again stressing the need for a judge to double check the finished product.

A sampling of recent judicial ethics advisory opinions

  • A judge is disqualified from cases in which the judge’s father previously served as a prosecutor, but the disqualification may be remitted.  Alabama Opinion 2023-957.
  • When considering whether to disqualify from a case involving an attorney with whom they had a prior professional and personal relationship, a judge should consider how long they worked with the attorney; how long they had a personal relationship with the attorney; the nature and extent of their professional relationship (e.g., how closely they worked together); the nature and extent of their personal relationship (e.g., how significant or meaningful the relationship was to both parties); the terms on which their professional relationship ended; the terms on which their personal relationship ended (e.g., whether their personal relationship ended on good, neutral, or poor terms); how long it has been since the relationships ended; whether they have had continuing social or other contacts with the attorney since the end of the relationships; and the impact of disqualification on the court where they sit.  Massachusetts Opinion 2023-2.
  • Judges on a court-sponsored committee on racial equality in the courts, has been directed to interact with the local community and develop projects that highlight local history, may publicly support an effort to rename a local geographic feature that has a racially offensive name, but must not assume a leadership role in the effort or use judicial or court resources to file the name change application with federal authorities.  New York Opinion 2023-83.
  • A judge may host an informal event at the courthouse, with light refreshments, to thank and recognize the not-for-profit entities that accept community service placements.  New York Opinion 2023-84.
  • Court-provided educational opportunities for judges and court staff may include presentations by outside speakers and groups if the speakers and groups represent a balance of interests and viewpoints and are not involved, or likely to be involved, in proceedings before the courts, and if the presentations do not undermine judicial impartiality, do not lend judicial prestige to advance the interests of the speakers or groups, and do not constitute improper political activity.  California Supreme Court Committee Formal Opinion 2023-23.
  • A judge may speak to an audience comprised solely of state prosecutors about how to address issues that arise when dealing with a specific type of litigant as long as the content of the judge’s speech complies with code.  Florida Opinion 2023-6.
  • A judge may make comments to and participate in oral argument before the Florida Supreme Court about a proposed rule amendment.  Florida Opinion 2023-8.
  • Under some circumstances, a judge may complete a Department of Homeland Security Form I-918B in connection with the U Visa program (which provides temporary lawful immigration status to non-citizen victims of certain crimes who cooperate in the prosecution of those crimes), but is not required to complete a form at the request of an alleged victim, and in many instances, it may be preferable for a judge to refer the request to the prosecuting authority or other law enforcement agency. Maryland Opinion Request 2023-20.
  • A judicial officer and their chambers staff may not establish a fund to solicit or accept donations from court staff to non-profit community organizations.  Court staff who are not identified with a specific judge and do not serve a judicial function may do so, and the judge and their chambers staff may contribute to the fund as long as their donations do not otherwise violate the code of judicial conduct.  A judicial officer may participate in charitable and civic volunteer events or team-building events with court staff but should analyze whether their activities may be viewed as coercive or an abuse of the prestige of judicial office.  Nevada Opinion JE-2023-1.
  • A judicial official may not serve on the board of directors of a not-for-profit Catholic health care entity that has over 1,300 cases in the state’s courts and whose parent organization advocates for public policies that promote care for the common good, comments on emerging federal regulations that may impact the community, and invites members to take part in their campaigns, including gun safety, investing in the health care workforce, drug pricing policies, workplace safety for nurses, national supply chain certainty, health care access for DACA individuals, and ensuring access to Medicaid services.  Connecticut Informal Opinion 2023-4.
  • A judge may serve as a director of the National Coalition of 100 Black Women, which advocates on behalf of black women and girls to promote leadership development and gender equity in health, education, and economic empowerment.  Florida Opinion 2023-7.
  • A new judge is not required to resign their lifetime membership in the National Rifle Association. New York Opinion 2023-6.
  • A judge may not participate in a bar association’s phone bank, which allows the public to call in with legal questions.  New York Opinion 2023-64.
  • A judicial association may not consent to having its name listed as a client on a consultant’s website.  New York Opinion 2023-78.
  • A judicial officer should not attend a law firm’s 50th anniversary celebration at which complimentary food and beverages will be served.  California Supreme Court Committee Formal Opinion 2023-4.
  • A judge may not host an event at their home for a federal legislator to discuss national issues with interested community leaders, colleagues, friends, and neighbors.  New York Opinion 2023-81.
  • After a judge’s adult child has been convicted and sentenced, a judge may attend and participate in the child’s parole hearing as a parent and without referring to their judicial status or otherwise invoking the prestige of judicial office.  New York Opinion 2023-82.
  • A judicial candidate may publicly identify themselves as “pro choice” or “pro life” if they also make clear that they will decide all cases fairly, impartially, and in accordance with governing law.  New York Opinion 2023-69.

A sampling of recent judicial ethics advisory opinions

  • A court’s website may include the statement “judges who officiate weddings, do so without bias, prejudice, or discrimination” if it is not attributed to a particular judge and is presented in manner that applies to the entire court.  Washington Opinion 2023-4.
  • A town justice may attend a town board meeting to address for public information questions about the court’s procedures and limitations with respect to the collection of fees and court security.  New York Opinion 2023-47.
  • A town justice may not contact the district attorney and the town about their concerns that the town’s code enforcement proceedings do not comply with the law.  New York Opinion 2023-34.
  • • A judge may write law review or law journal articles summarizing the current state of and developments in New York case law if they avoid the perception that they are providing advice on litigation strategy or tactics and if they do not comment on matters of substantial public controversy and provide only “minimal and essentially factual commentary” on the nature and extent of changes, unresolved questions, any regional differences, and procedural impacts without resolving ambiguities or interpreting, praising, or criticizing the opinions described. New York Opinion 2023-59.
  • As long as the judge’s spouse is not involved, a judge may preside over cases that involve the police agency for which their spouse works, including approving search warrants and arrest warrants and presiding over first appearance hearings. Florida Opinion 2023-5.
  • A judge who owns a building with lawyers as tenants should disqualify themselves from all cases involving the lawyers or not rent to any lawyers likely to come before the court on a regular basis.  West Virginia Opinion 2023-15.
  • Whether a judicial officer may remain the sole member of an LLC that owns a commercial building that has a law firm and a bail bond company as tenants depends on whether the judicial officer would be interacting with tenants who are coming before the court on which they serve.  Connecticut Informal Opinion 2023-2.
  • A judge who is concerned about violations of property maintenance regulations in their neighborhood may publicly express their personal views as a private citizen, for example, at a public meeting of the city council or in a letter to the editor.  The judge may make suggestions to the mayor and city council about how the local court could address these quality-of-life issues as long as they do not refer to their present judicial status.  New York Opinion 2023-26.
  • A judge may not serve as the director of environment and legislation for a not-for-profit organization that promotes scuba-diving.  New York Opinion 2023-61.
  • A judge may serve on the board of directors of a non-profit organization that “partners with students to ensure that they are ready for, enroll in, and complete college” but may not serve on the board of a non-profit organization that provides community mediation services in small claims court.  New York Opinion 2023-28.
  • A judge may wear judicial robes when giving the keynote address at a public high school graduation.  New York Opinion 2023-49.
  • A judge may be a member of the U.S. Army Reserve Judge Advocate General’s Corps and engage in the practice of law if they will not be providing legal advice to individual service members; will not be serving as an advocate on matters that concern the civilian justice system; will only be teaching or training in the law of armed conflict, operational law, and international law and rendering legal advice in a military capacity on purely military issues; and will not appear in any state, county, or federal court.  The judge must take paid military time off, vacation, or personal leave as appropriate, and the frequency of their military legal work cannot be over approximately 30 days a year.  Connecticut Informal Opinion 2023-3.
  • A judge should not be a member of the county Republican Club.  A judge’s wife should not be a member of the county Republican Club.  West Virginia Opinion 2023-14.

A sampling of recent judicial ethics advisory opinions

  • A judge who learns that a law firm’s website advertises its experience appearing before particular judges and includes those judges’ biographies on pages that include the firm’s logo, trade dress, and links to its promotional materials must request in writing that the firm take the pages down and remove the links. The judge is not required to report the firm to a grievance committee, but reporting is within their discretion. New York Opinion 2023-25.
  • In deciding a lawyer’s motion to withdraw from representing a litigant in a case, a judge should not require the lawyer to reveal confidential information protected under the rules of professional conduct except to the extent reasonably necessary to adjudicate the motion. Michigan Opinion JI-154 (2023).
  • At the request of a government entity, private interest group, bar association, or other outside entity, presiding judges or other judicial officers with supervisory responsibilities may circulate to other judges information related to the law, the legal system, and the administration of justice but must ensure that any court-wide communication does not undermine the integrity or impartiality of the judiciary, suggest that any outside entity is in a position of special influence, lend judicial prestige to advance pecuniary or personal interests, engage in partisan politics, or relate to a specific pending or impending matter. Whether a particular communication is permissible depends on the nature, tone, and circumstances under which it is sent. A communication is more likely to be permissible the more it relates to operational or administrative issues, rather than substantive policy. A presiding judge may forward a memorandum from the sheriff’s office advising the court that an anticipated protest may impact security, traffic, or parking around the courthouse. A presiding judge may not forward a newspaper editorial by a criminal defense association in favor of lighter sentences for drug-related crimes. A presiding judge should not circulate an advertisement for goods or services for sale, even if it relates to the law, the legal system, or the administration of justice. A presiding judge should not circulate a flyer for a fundraiser to benefit a school or charitable organization. A presiding judge may circulate information about bar association events even if there are admittance fees to cover the cost of meals but must not add commentary that may be interpreted as coercive or imply that attendance is required to be in the presiding judges’ favor, particularly when the emails will reach subordinate judicial officers and staff. A presiding judge may disseminate information relating to legislation directly impacting the courts and a neutral update on legislation affecting court budgets. A presiding judge may not use the court email system to engage in partisan politics or disseminate a position paper from an outside entity espousing a political view on a substantive policy issue. A presiding judge may not circulate a news article about a specific juvenile matter pending before the court. California Supreme Committee Formal Opinion 2023-22.
  • A judge is not per se disqualified when a litigant appearing before them is employed by the same government department that employs the judge’s child, but the judge should conduct a subjective analysis of their impartiality by consulting their “own emotions and conscience.” If they conclude that they can hear the case impartially, the judge should then use a fact-intensive assessment and objective standard to consider whether their impartiality may reasonably be questioned by a fully informed, disinterested observer, considering whether the department’s interests are likely to be affected by the proceeding, and, if so, to what degree; whether their child’s interests are likely to be affected by the proceeding, and, if so, to what degree; whether they know any party to the proceeding by virtue of the party’s relationship or association with their child and, if so, the nature of that relationship or association; whether the judge is independently aware of any information that would be relevant to the proceeding as a result of their associations with the department; and whether any party to the proceeding has direct or indirect supervisory authority over their child. Massachusetts Opinion 2023-1.
  • A judge should not lead a running program created for felony drug court participants. Washington Opinion 2023-3.
  • A judge may be the keynote speaker for a non-partisan victims’ rights event presented by the state attorney’s office, police departments, the county sheriff, and a victims’ shelter if the judge does not give legal advice or make comments about pending matters and their presentation is dignified, with no suggestion of bias. Florida Opinion 2023-3.
  • Absent unusual circumstances, a judge may attend the local bar association’s annual “dinner with the judges,” promoted as an opportunity for members of the bar and judges to gather socially, even if part of the cost is defrayed by law firms and businesses that support and do business with lawyers. Maryland Opinion Request 2023-9.
  • A judge who is on the board of directors of a non-profit organization does not have an affirmative duty to stop other board members from referring to them as “judge” during meetings and in the community but should ensure that other board members do not use their title to, for example, recruit members or solicit contributions for the organization. As long as they do not solicit donations, speak, or hold themself out as a judge, a judge may participate in fundraisers for the organization, including donating to them, purchasing dinners and tables for dinners, bidding on auction items, golfing, and assisting in the behind-the-scenes planning. A judge should ensure that any raffle at a fundraising event is conducted in conformity with applicable laws but may purchase tickets for any appropriate raffle. A judge should have her name, photograph, and quote removed from the organization’s website. Nebraska Opinion 2023-1.
  • A judge may serve as co-chair of a non-profit social services organization if their court does not make referrals to the organization. A judge may not serve on a bar association committee on corrections and community re-entry. New York Opinion 2022-187.
  • A judge who is an officer of a magistrates association may invite prosecutors, defense counsel, probation, law enforcement, and county agencies to attend and speak at monthly meetings if no pending or impending matters are discussed and the speakers are excluded from any portion of the meeting when association business is discussed. New York Opinion 2023-3.
  • A new judge may continue to be a life member of the National Rifle Association. New York Opinion 2023-6.
  • A judge may create and participate in a series of non-commercial podcasts to highlight individuals whose accomplishments have had an inspirational and positive impact on the community, subject to generally applicable limitations on judicial speech and conduct but should not refer to their judicial status in connection with the podcasts. New York Opinion 2023-1.
  • A judge who is the editor of a legal manual used by judges, court personnel, defense attorneys, prosecutors, law enforcement, and others may dedicate the manual to “hard-working individuals that uphold our Criminal Justice System.” New York Opinion 2023-9.
  • A judge may not request that federal and state legislators protect the power grids from electromagnetic nuclear attack. New York Opinion 2023-15.
  • Subject to the approval of the administrative director of the courts, a magistrate may start a limited liability company to sell items household items, pet supplies, and electronics through Amazon. West Virginia Opinion 2023-8.

A sampling of recent judicial ethics advisory opinions

  • A court may participate in a not-for-profit organization’s program that, following finalization of an adoption, provides a personalized backpack with the organization’s name and logo to adoptees and a tote bag with its name and logo to adoptive parents. New York Opinion 2022-175.
  • A judge may not sign a letter soliciting local businesses to donate items for use as program rewards and incentives for participants in a specialized docket court and may not direct a court employee to do so. Ohio Opinion 2023-1.
  • A judge who issued a bench warrant for failure to appear is not disqualified from the underlying matter or a separate, subsequent matter in which the defendant is charged with failure to appear. A judge who accepted a plea agreement is not disqualified from a subsequent case in which the crime that was the subject of the agreement is alleged as a prior strike, which the defendant intends to challenge. California Formal Opinion 2023-21.
  • A judge who filed an insurance claim following Hurricane Michael should disclose the claim to all parties or their attorneys with hurricane-related insurance claims in their division and recuse themselves from any cases involving the same insurance company. Florida Opinion 2023-1.
  • If a former magistrate appears in a case, other magistrates are not required to disqualify themselves, but a magistrate should disclose if they have a close friendship with the former magistrate. Florida Opinion 2023-2.
  • An appellate judge who successfully sought to vacate a vexatious lien filed by a disgruntled litigant against their property may preside over appeals from other decisions or orders by the judge who granted their petition. New York Opinion 2022-173.
  • A judicial officer may not permit a court employee to manage the city’s jail alternative programs but may allow a court employee to oversee management of courthouse security. Washington Opinion 2023-1.
  • A judge who serves as a mentor at a law school may not write a letter of recommendation in support of a mentee student’s application for permanent residence in the U.S. unless the request comes directly from the government agency. New York Opinion 2022-178.
  • A judge may not provide a recommendation in support of an individual nominated by the governor to be secretary of an executive branch agency. Maryland Opinion Request 2023-5.
  • A judge may speak without compensation on aspects of the judge’s life and career related to diversity and inclusion at a for-profit company’s employee-only event in recognition of Black History Month and International Women’s Day if the company’s interests are unlikely to come before the judge and the judge’s name and image would not be used for commercial purposes. New York Opinion 2022-158.
  • A judge may participate, without compensation, in an interview for a documentary about the life and career of a now-deceased judge who was their mentor. New York Opinion 2022-159.
  • A judge may sell copies of a bench book they independently wrote and published to the supervising judge of another court in the court system for distribution to judges in that court. New York Opinion 2022-163.
  • A judicial official may prepare a video testimonial for a personal friend and a former elected executive branch official who is receiving the 2023 Distinguished Public Service Award from the Connecticut Bar Association that will be shown at its “Celebrate with the Stars” annual fund-raising event if their remarks will focus on the recipient as a person and advocate for non-partisan civics education and engagement, rather than on legislative achievements; if they do not participate in fund-raising except as permitted; if their presence and role in the presentation are not advertised prior to the event, although their name, title, and biography may be included in materials distributed at the event; and if their testimonial is not made publicly available on the bar association’s YouTube channel or any other online media after the event. Connecticut Informal Opinion 2023-1.
  • A judge may purchase a sponsor-level ticket to a bar association’s fund-raising dinner and be listed as a “sponsor” of the event. New York Opinion 2022-161.
  • A judge in their capacity as a past president of the Oklahoma Bar Association may serve on a short­term search committee for a new executive director of the Association. Oklahoma Opinion 2022-1.
  • A judge may not serve on the U.S. Court of Military Commission Review. Virginia Opinion 2022-2.
  • A judge may serve on a scholarship committee through the local library. West Virginia Opinion 2023-2.
  • A judge who has authorized or knowingly permitted their name to appear on a publicly circulated nominating petition as a candidate for nonjudicial office must resign from judicial office. New York Opinion 2022-176.

A sampling of recent judicial ethics advisory opinions

  • A judge may not employ their spouse as their judicial assistant. Florida Advisory Opinion 2022-12.
  • A judge is not disqualified from cases involving a subject that is the same as or similar to a subject involved in a criminal case in which their spouse is representing the defendant. Colorado Advisory Opinion 2022-6.
  • An appellate jurist who has a personal residential tax appeal pending before the tax appeals session should disqualify themself from all matters appealed from the tax appeals session. Connecticut Informal Advisory Opinion 2022-6.
  • A judge may teach a law school clinic that will draft legislation to create civil liability for encouraging, assisting, or facilitating racially motivated crimes and propose the legislation to legislators. New York Advisory Opinion 2022-97.
  • A judge may speak in a free, virtual seminar for law students entitled “Diverse Pathways: Exploring Avenues to a Meaningful Legal Career,” presented by a statewide law firm, and the firm may advertise the judge’s participation. Florida Advisory Opinion 2022-11.
  • A judge should not attend a training course regarding speed detection devices that is offered by a law enforcement agency and open only to judicial officers, prosecutors, and members of law enforcement. Ohio Advisory Opinion 2022-8.
  • A magistrate may serve as a trustee of a condominium association but may not engage in the resolution of disputes between residents and should not use their position or title in connection with service on the board. Ohio Advisory Opinion 2022-10.
  • A supreme court justice who is chair of a church council may inform other council members and inquiring church members about the procedure for disaffiliation from the national church organization. South Carolina Advisory Opinion 14-2022.
  • A judge may serve as a member of the board of directors on the long-range planning committee of a not-for-profit hospital when the committee is not involved in fundraising and the hospital is rarely, if ever, a party to litigation in the judge’s court. Florida Advisory Opinion 2022-13.
  • Judges may not perform as actors and play judges or mediators presiding over fictional disputes on a television show. Alabama Advisory Opinion 2022-950.
  • If character testimony is being a sought, absent a subpoena, a judicial officer may not at the request of a criminal defendant’s attorney submit a declaration in a habeas corpus action regarding their prior representation of the defendant. If the judicial officer has any question regarding whether the testimony may be construed as character testimony, they should err on the side of requiring a subpoena. Even if the declaration only contains factual testimony, the judicial officer is advised to require a subpoena. California Expedited Opinion 2022-49.
  • A judge may maintain a profile on a dating website and communicate online for the purpose of dating. New York Advisory Opinion 2022-119.
  • A judge may have a LinkedIn profile page that identifies them as a judicial officer and identifies the court on which they serve and may be pictured in robes in their profile picture as long as the photo is taken in an appropriate setting, for example, a courtroom or chambers. Colorado Advisory Opinion 2022-5.
  • A full-time or part-time magistrate may not seek election to, or serve on, a local, city, or state board of education, city council, or county board of commissioners. Ohio Advisory Opinion 2022-9.
  • A judge or a judicial candidate may be a member of the committee planning the strategies for their own campaign for judicial office but may not be a member of a committee that primarily solicits and accepts campaign contributions, and the committees must be separate, and the distinction clearly delineated. Michigan Advisory Opinion JI-152 (2022).
  • A judicial candidate or their campaign committee may post photographs on social media of the candidate with sitting judges at a public or professional event, such as a bar association function, if the judges consent, there is nothing that indicates an endorsement, and a caption makes clear that the judges do not endorse the candidate. New York Advisory Opinion 2022-96.

A sampling of recent judicial ethics advisory opinions

  • A judge may not appoint their personal financial manager to a fiduciary position. New York Opinion 2022-59.
  • A judge who volunteers as a coach for a youth sports team is not required to disqualify when an attorney whose child is on the team appears in a case unless there are other facts that would cause a person to doubt their ability to be impartial, but the judge must disclose on the record information reasonably relevant to their decision not to disqualify. California Formal Opinion 2022-19.
  • A judge may not perform work on an amicus brief that will be filed by the bar association in a high-profile federal appeal. New York Opinion 2022-91.
  • To determine whether to report a gift and, if so, what value to list, a judge should use reasonable diligence to determine its value, for example, asking a bar association the value of a commissioned portrait and crystal gavel given to the judge or contacting an establishment that sells the item or similar items. Florida Opinion 2022-6.
  • A judge who is considering leaving judicial service may apply for jobs while still holding office, but if the judge applies for employment with a party or a law firm appearing before the judge, recusal will likely be necessary. If the judge accepts employment with a law firm, the judge may not authorize the firm to advertise their anticipated post-judicial employment at the firm. Florida Opinion 2022-7.
  • A judge may not serve on a state education department committee that will address how local school districts report student/school-related conduct, communication, and disciplinary matters to the department. Florida Opinion 2022-10.
  • A judge may participate in a group organized by the governor’s office and the Department of Motor Vehicles to propose simpler language and more logical organization for the traffic laws if the membership is balanced with subject experts from relevant state agencies, non-profit organizations, prosecutors, and defense counsel. The judge may be reimbursed for travel and lodging expenses reasonably incurred for their participation but may not be compensated. New York Opinion 2022-89.
  • A judge may write a children’s book about what judges do and what it takes to become a judge, emphasizing that children who are members of minority groups can grow up to become judges. As long as they do not comment on pending cases or legal controversies or give legal advice, and the activities do not conflict with their professional schedule, the judge (1) may give public readings of the book at schools, community centers, and similar institutions, but may not wear a judge’s robe when doing so, (2) may give public readings in conjunction with a “lawyers for literacy” program but may not solicit lawyers to purchase the book or solicit invitations to such events, and (3) may promote the book through media outlets such as radio and be identified as a sitting judge and discuss the role of a judge. Florida Opinion 2022-9.
  • A judge may give a historical presentation to a church on a U.S. Supreme Court decision about abortion and discuss the majority, concurring, and dissenting opinions on the possible ramifications of the case, but may not offer any personal views. Maryland Opinion Request 2022-24.
  • A judge may create and fully fund scholarships at their former elementary school and college. A judge may volunteer with foster youth through a city agency unless their protégé is or becomes involved in court proceedings. New York Opinion 2022-55.
  • A judge may serve on the steering committee of a not-for-profit cultural/religious organization associated with a college and donate at least $1,000 a year as required; may permit their name to be listed on the organization’s regular letterhead, including the title “Honorable,” even if the letterhead might be used for fund-raising events if comparable designations are listed for other committee member; and may permit their name to be listed on an invitation to a fund-raiser unless the formatting reasonably creates an impression that the committee members collectively and/or the judge individually are personally soliciting funds or personally inviting people to the fund-raiser. New York Opinion 2022-73.
  • A judge must object in writing to the use of their name on a flyer announcing a not-for-profit civic organization’s fund-raiser and advise the organization to remove or omit their name from any further promotions. After objecting, the judge may attend the event, be recognized as one of the inductees during the ceremony, and buy a table for friends and family to attend. New York Opinion 2022-84.
  • A judge makes referrals to a not-for-profit entity while presiding in a problem-solving court may not accept complimentary tickets to the entity’s lavish fund-raising gala, but may purchase tickets and attend the event. New York Opinion 2022-72.
  • The judge members of a bench-bar committee should not have their names on advertisements for CLE programs held by the committee to raise funds for charitable organizations, should not be involved in the selection of the charities that will receive the donations, and should not hand a check to the charities. West Virginia Opinion 2022-23.
  • A judge may meet with a commercial television producer and their creative team to discuss a possible television show involving the criminal justice system even if the meeting could result in an employment offer or business opportunity that the judge cannot begin without resigning. New York Opinion 2022-99.
  • A judge may not appear as a judge on a cable TV show similar to Judge Judy. West Virginia Opinion 2022-21.
  • A new judge may submit vouchers for legal fees earned for work performed as assigned counsel prior to assuming the bench. New York Opinion 2022-86.
  • A judicial candidate who learns that their political party is circulating petitions naming them as a candidate for a non-judicial office must request in writing that the party immediately stop and advise that, if elected, they will decline to serve. New York Opinion 2022-61.