Digest:  A judge who is a member of a bar association may contribute a recipe for publication in a recipe book that will be sold by the bar association, where the proceeds of the sale are to be donated to the Judges and Lawyers Breast Cancer Alert Bar Association.
 

Rule:  22 NYCRR 100.4(C)(3)(b)(i), (iv);
           Opinions 92-70 (Vol. X); 92-84 (Vol. X).
 
 

Opinion:

            A judge who is a member of a bar association inquires whether the judge can contribute a recipe for publication in a recipe book that will be sold by the bar association to raise funds which will be donated to the Judges and Lawyers Breast Cancer Alert Bar Association.

            Pursuant to sections 100.4(C)(3)(b)(i) and (iv) of the Rules Governing Judicial Conduct, a judge who is a member of an organization is prohibited from personally participating in the solicitation of funds or other fund-raising activities and may not use the prestige of judicial office for fund-raising. In our opinion, contributing a recipe for publication in a recipe book to be sold for fund-raising purposes does not violate this rule. In supplying a recipe, the judge is not soliciting funds, but is making a non-monetary contribution to support the efforts of the Judges and Lawyers Breast Cancer Alert Bar Association. Judges are not prohibited from contributing to charities or other kinds of non-political, non-profit organizations. See Opinions 92-70 (Vol. X); 92-84 (Vol. X). Nor is the judge using the prestige of judicial office for a prohibited purpose. The recipe book will include contributions from other members of the judiciary, members of the bar and other persons. The judge has not indicated that the judge's recipe will be singled out in any way or that it will be used to solicit contributions.

            Accordingly, it is the Committee's opinion that the judge may contribute a recipe for publication in a recipe book that will be sold, where the proceeds of the sale are to be donated to a bar association.