Opinion 13-18

March 14, 2013

Digest:         A judge may make a charitable donation and permit the charity to acknowledge the donation by displaying a sign bearing the judge’s name and judicial title during the charity’s fund-raising golf outing.

Rules:          22 NYCRR 100.2; 100.2(A), 100.4(A)(1)-(3); 100.4(C)(3)(b)(I); 100.4(C)(3)(b)(iv); Opinions 07-05; 04-140; 96-46 (Vol. XIV); Joint Opinion 92-70/92-84 (Vol. X).

Opinion:

         A judge asks whether he/she may make a charitable donation and permit the charity to acknowledge the donation by displaying a sign bearing the judge’s name and judicial title during the charity’s fund-raising golf outing.

         A judge must always act to avoid even the appearance of impropriety (see 22 NYCRR 100.2) and to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]). A judge may participate in extra-judicial activities that (1) do not cast reasonable doubt on the judge’s capacity to act impartially as a judge; (2) detract from the dignity of judicial office; or (3) interfere with the proper performance of judicial duties and are not incompatible with judicial office (see 22 NYCRR 100.4[A][1]-[3]). However, a judge is prohibited from personally participating in the solicitation of funds or other fund-raising activities on behalf of a charitable organization (see 22 NYCRR 100.4[C][3][b][I]) and may not use or permit the use of the prestige of judicial office for fund-raising (see 22 NYCRR 100.4[C][3][b][iv]).

         The Committee previously has advised that a judge is not prohibited from making a charitable donation (see Opinion 04-140) and may permit the donee to acknowledge the judge’s donation by publishing the judge’s congratulatory message or advertisement, including the judge’s judicial title, in the donee’s fund-raising journal (see Opinion 96-46 [Vol. XIV]; Joint Opinion 92-70/92-84 [Vol. X]). The Committee noted that placing a congratulatory message or advertisement in a charitable organization’s journal is simply a contribution to the charity and does not involve a judge in the solicitation of funds (see id.).

         The inquiring judge also may make a charitable donation and permit the charity to acknowledge the donation by displaying a sign bearing the judge’s name and judicial title during the charity’s fund-raising golf outing.¹

______________________________

     ¹ The temporary display of a judge’s name and judicial title during a charitable fund-raising golf outing is readily distinguishable from a highly visible and semi-permanent advertisement displayed at local baseball diamonds to congratulate and encourage local high school teams (see Opinion 07-05).