Opinion 10-182

January 6, 2011

Dear Judge:

         This responds to your inquiry (10-182) asking whether as a judicial hearing officer you may be honored by a not-for-profit religious organization at the organization’s fund-raising dinner and whether your name can be used in mailings the organization distributes to promote the event.

         Section 100.4(C)(3) of the Rules Governing Judicial Conduct (Rules) permit a judge to be a member of a not-for-profit religious organization, but prohibit a judge from personally participating in the solicitation of funds or other fund-raising activities (see 22 NYCRR 100.4[C][3][b][I]) and from being the guest of honor at such an organization’s fund-raising events (see 22 NYCRR 100.4[C][3][b][ii]). However, a judge may accept an un-advertised award that is ancillary to such an event (see id.; Opinion 01-51 [Vol. XX] [a judge may accept an award at a religious organization's fund-raising dinner, where the award is un-advertised and ancillary to the event, and the judge is neither a speaker nor the guest of honor at the event]). As a judicial hearing officer, you are subject to these same provisions of the Rules (see Opinion 01-109). Therefore, you cannot be honored by a not-for-profit religious organization at the organization’s fund-raising dinner and you should not permit the organization to use your name in mailings the organization distributes to promote the event. However, you may attend the event (see 22 NYCRR 100.4[C][3][b][ii]) and you may accept an un-advertised award that is ancillary to the event (see id.; Opinion 01-51 [Vol. XX]).

         I have enclosed copies of Opinions 01-109 and 01-51 for your convenience.

Very truly yours,

George D. Marlow

Assoc. Justice, Appellate Division,

                                                 First Department (Ret.)

Committee Chair

Encls.