Opinion 10-141

January 7, 2011

Hon. 

Dear Justice:

         This responds to your inquiry (10-141) asking whether you may contribute a recipe to be published in a cookbook that will be used by a counseling center as a fundraiser.

         The Committee previously has advised that a judge may contribute a recipe to be published in a cookbook that will be used by a bar association as a fundraiser (see Opinion 00-70 [Vol. XIX]) and may donate a photograph he/she created to a not-for-profit organization for use as a prize in the organization’s fund-raising auction(see Opinion 10-132). While in the latter Opinion the Committee advised that the Judge could not be identified as the donor or photographer (see id.), that is not the case with respect to your involvement in the cookbook. The Committee noted in Opinion 00-70 (Vol. XIX) that, “[T]he 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.” Therefore, assuming that your recipe will not be singled out or used individually to solicit contributions, you may permit the counseling center to identify you as the contributor of your recipe.

         I have enclosed copies of Opinions 10-132 and 00-70 (Vol. XIX) for your convenience.

Very truly yours,

George D. Marlow

Assoc. Justice, Appellate Division, First Dept. (Ret.)

Committee Chair

Enc.