Opinion 06-114

September 7, 2006

NOTE: This opinion has been modified in part by Opinions 15-171 and 16-153, which advise that “section 100.4(C)(3)(b)(i) does not apply to a judge’s interactions with his/her family members” (Opinion 15-171) or “to a judge’s interactions with judicial colleagues over whom he/she has no appellate or supervisory authority” (Opinion 16-153), “provided the judge makes no reference to his/her judicial office and does not otherwise lend the prestige of judicial office to his/her solicitations” (Opinions 16-153; 15-171). This exception applies only to personally soliciting funds from a judge’s family members and judicial colleagues; it does not extend to the judge’s friends. 

Digest:         (1) A judge may contribute to and participate as a walker in an annual walk to raise funds for a charitable organization dedicated to fighting a serious illness, but may not (a) solicit contributions from any individuals including friends, relatives, or attorneys; (b) solicit contributing sponsors for his/her walk; (c) allow the fact of the judge’s participation or his/her judicial title to be utilized to raise funds for the organization or the event. (2) A judge may write a book review but may not permit the author or publisher to use any portion of the review to promote the book’s sale.

Rules:          22 NYCRR 100.4(C)(3)(b)(i), (iv); Opinions 05-28; 99-59 (Vol. XVIII); 96-147 (Vol. XV).

Opinion:

         A judge asks two questions. First, the judge asks whether he/she may contribute to and participate as a walker in an annual walk, to raise funds for a charitable organization dedicated to fighting a serious illness. The judge wishes to solicit funds from friends and relatives, but not from lawyers who have contributed to the judge’s participation in the event in the past, prior to the judge ascending the bench.

         Second, the judge asks if it would be permissible to contribute an article to the New York Law Journal, reviewing a book recently authored by a clergyman who serves at the judge’s house of worship.

         In response to the first question, the judge may contribute personal funds to the charity and participate in the walk, but is prohibited from soliciting funds in connection with the walk. Opinions 99-59 (Vol. XVIII); 96-147 (Vol. XV). This prohibition includes soliciting funds from any person, including friends, relatives, attorneys, etc., for the organization, as well as soliciting contributing sponsors for his/her walk. Further, the judge may not allow his/her participation or judicial title to be utilized in fund-raising for the organization or the event. 22 NYCRR 100.4(C)(3)(b)(i), (iv); Opinion 96-147 (Vol. XV).

         In response to the second question, the judge may submit to the New York Law Journal a review of a book authored by a clergy member who serves at the judge’s house of worship, but should not permit the author or publisher to use any portion of the review to promote the book’s sale. Opinion 05-28.