Judicial Ethics Opinion 20-184
May a multi-bench judge accept an award for domestic violence awareness month in their capacity as a treatment court judge, from a not-for-profit legal advocacy group that sometimes appears before the judge in family court?
March 22, 2021 at 05:05 AM
2 minute read
The Advisory Committee on Judicial Ethics responds to written inquiries from New York state's approximately 3,600 judges and justices, as well as hundreds of judicial hearing officers, support magistrates, court attorney-referees, and judicial candidates (both judges and non-judges seeking election to judicial office). The committee interprets the Rules Governing Judicial Conduct (22 NYCRR Part 100) and, to the extent applicable, the Code of Judicial Conduct. The committee consists of 27 current and retired judges, and is co-chaired by the Honorable Margaret Walsh, a justice of the supreme court, and the Honorable Lillian Wan, a court of claims judge and acting supreme court justice.
This responds to your inquiry (20-184) asking if you may accept an award for domestic violence awareness month in your capacity as a treatment court judge, although you also preside in family court and county court. The award is not tied to any fund-raising event or drive. The not-for-profit entity offering the award offers legal advocacy services (including "assistance with family court petitions") and other resources and support for domestic violence victims, including counseling, emergency housing assistance, and referrals. You note this entity has appeared before you in family court, "on occasion."
We believe you may not accept the award under the circumstances described. Opinion 00-92 likewise addressed a family court judge who wished to accept an award from a local domestic violence program. As we explained (id.):
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