Opinion 06-69

April 27, 2006

Digest:         A judge may not serve as honorary co-chair of a law school fund-raising event, nor may the judge recruit another co-chair on behalf of the event co-ordinators, but the judge may attend the event, recommend potential individuals to serve as co-chair(s), and speak at the event, provided the judge does not personally solicit contributions.

Rules:          22 NYCRR 100.4(C)(3)(b); Opinions 05-94; 05-66; 99-43 (Vol. XVII); 98-119 (Vol. XVII); 95-07 (Vol. XIII).

Opinion:

         A judge has been asked to serve as honorary co-chair of a fund-raising event sponsored by the judge’s law school to raise funds for summer student fellowships. The judge is also expected to recruit an additional co-chair and to speak at the event at which there will be a silent auction.

         This Committee has previously determined that a judge may not allow his/her name to be listed as a dinner committee member in connection with a fund-raising dinner for the judge’s law school. Opinion 05-94. In addition, it has also been determined that a judge may not solicit volunteers who would perform services, solicit contributions or serve on the board or committees of a not-for-profit organization. Opinion 98-119 (Vol. XVII). However, a judge may give an organization the names of potential members, but the actual membership solicitations should be made by other (non-judge) members of the organization. Opinion 05-66.

         The Rules Governing Judicial Conduct and prior Advisory Opinions also allow a judge to attend a charitable fund-raising event, assist an organization in planning such an event, and to be the speaker or guest of honor at a fund-raising event for the judge’s law school, even if fund-raising takes place at the event, provided the judge does not personally solicit the contributions. 22 NYCRR 100.4(C)(3)(b); Opinions 99-43 (Vol. XVII); 95-07 (Vol. XIII).

         It follows that the judge may not serve as co-chair of the event, honorary or otherwise, nor may the judge recruit another co-chair on behalf of the organization. The judge may, however, attend the event, recommend potential individuals to serve as co-chair(s), and speak at the event provided the judge does not personally solicit contributions.