Digest:  A judge may serve as treasurer of a religious based not-for-profit home and infirmary for the aged, provided the judge does not personally participate in the solicitation of funds or other fund-raising activities and the judge's responsibilities as treasurer do not interfere with the judge's judicial duties.
 

Rule:  22 NYCRR 100.4(C)(3); 100.4(3)(b)(i);
           Opinions 98-93 (Vol. XVII); 98-32 (Vol. XVI);
           95-102 (Vol. XIII); 91-116 (Vol. VIII);
           92-36 (Vol. IX); 88-162 (Vol. III).
 
 

Opinion:

            A full-time judge asks whether it is permissible to serve as treasurer of a religious based not-for-profit home and infirmary for the aged.

            Section 100.4(C)(3) of the Rules Governing Judicial Conduct permits a judge to serve as an officer, director, trustee or non-legal advisor of a non-profit religious organization. In such capacity, however, a judge is prohibited from personally participating in the solicitation of funds or in other fund-raising activities. 22 NYCRR 100.4(C)(3)(b)(i). Thus, the Committee has previously expressed the view that a judge may serve as treasurer of a civic organization so long as the judge does not participate in fund-raising for the organization and so long as the responsibilities of the office do not interfere with the judge's judicial duties. See Opinions 98-93 (Vol. XVII); 98-32 (Vol. XVI); 95-102 (Vol. XIII); 92-36 (Vol. IX); 91-116 (Vol. VIII); 88-162 (Vol. III). Further, in Opinion 88-162 (Vol. III), the Committee specifically cautioned the judge if the organization is one which is regularly engaged in adversary proceedings in the judge's court.

            Accordingly, it is ethically permissible for a judge to serve as treasurer of a religious based not-for-profit home and infirmary for the aged. But the judge should carefully consider the duties of the treasurer, especially in the realm of possible involvement in fund-raising. For example, in Opinion 95-102 (Vol. XIII) the Committee specifically stated that a judge's name should not be used in the solicitation of contributions. The Committee also believes that the judge should be particularly cognizant of the frequency with which this particular institution may be engaged in proceedings in the judge's court. If the frequency is such that the judge will often be required to exercise recusal, the treasurer's position could interfere with the judge's judicial duties and would therefore have to be abandoned. See Opinion 88-162 (Vol. III).