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 28 current and retired judges, and is co-chaired by the Honorable Debra L. Givens, an acting justice of the supreme court in Erie County, and the Honorable Lillian Wan, an associate justice of the appellate division, second department.

Facts/Issue: The inquiring judge has been invited to attend a victory party celebrating the judge’s court attorney’s election to part-time judicial office in another court.  The judge’s court attorney is already sworn in, but is planning a private celebration, paid for solely with personal funds, to be held at a restaurant.  The party is not a fund-raiser and is not sponsored by any political organization.  The judge asks if attendance is permissible.