§ 104 A City Administrative Law Judge Shall Conduct His or Her Extra-Judicial Activities so as to Minimize the Risk of Conflict with Judicial Obligations.
RCNY § 104
(A) Extra-judicial activities in general. A City administrative law judge shall conduct all of his or her extra-judicial activities so that they: (1) do not cast reasonable doubt on the City administrative law judge's capacity to act impartially as a City administrative law judge; (2) do not detract from the dignity of judicial office; (3) do not interfere with the proper performance of judicial duties; and (4) are not incompatible with judicial office. (B) Governmental, civic or charitable activities.
(1)A City administrative law judge shall not appear at a public hearing before an executive or legislative body or official if doing so would cast doubt on his or her ability to decide impartially regarding any issue or party that with reasonable foreseeability might come before him or her unless the issue or party is one with respect to which the City administrative law judge would in any event be disqualified under these Rules or any other provision of law.
(2)In connection with civic or charitable activities, a City administrative law judge may participate in fund-raising or solicitation for membership if: (a) the City administrative law judge does not use or permit use of the prestige of judicial office for fund-raising or solicitation for membership; (b) the fund-raising or solicitation for membership is not directed at persons who have appeared, are appearing or are foreseeably likely to appear before the City administrative law judge; (c) the City administrative law judge's participation in the fund-raising or solicitation for membership would not detract from the dignity of judicial office or interfere with the proper performance of judicial duties or be incompatible with judicial office; (d) the fund-raising or solicitation for membership is not prohibited by Chapter 68 of the Charter or any other provision of law.
(3)A City administrative law judge shall not accept: (a) appointment to a governmental committee or commission or other governmental position if his or her activity in such capacity would cast doubt on his or her ability to decide impartially regarding any issue or party that with reasonable foreseeability might come before him or her; or (b) appointment or employment as a peace officer or police officer, as those terms are defined in Criminal Procedure Law § 1.20, unless he or she is a member of the uniformed force of the police department exercising adjudicative duties.
(4)If not otherwise prohibited by Chapter 68 of the Charter or any other provision of law, a City administrative law judge may be a member or serve as an officer, director, trustee or advisor of an organization or governmental agency devoted to the improvement of the law, the legal system or the administration of justice or of an educational, religious, charitable, cultural, fraternal or civic organization not conducted for profit, subject to the following limitations and the other requirements of these rules.
(a)A City administrative law judge shall not serve as an officer, director, trustee or advisor if it is likely that (i) the organization will be engaged in proceedings that ordinarily would come before the City administrative law judge or (ii) such service will involve the City administrative law judge in frequent transactions or continuing business relationships with lawyers or other persons likely to come before the City tribunal on which the City administrative law judge serves.
(b)A City administrative law judge may be listed as an officer, director, trustee or advisor of such an organization, provided that such listing on letterhead or elsewhere does not include the City administrative law judge's judicial designation unless comparable designations are listed for other persons. (C) Financial activities.
