Opinion 14-127

October 10, 2014

PERSONAL AND CONFIDENTIAL

Dear   :

         This responds to your inquiry (14-127) asking whether it is ethically permissible for you to conduct a book drive or to solicit publishers or book sellers to donate books for use as a sentencing tool in certain cases. As a condition of parole or probation, you would require a defendant to read a book and provide you with a report about it.

         The Rules Governing Judicial Conduct prohibit a judge from engaging in the solicitation of funds or in any fund-raising activities (see 22 NYCRR 100.4[C][3][b][I], [iv]). This prohibition includes soliciting non-cash or in-kind donations (see Opinion 94-58 [Vol. XII]). Accordingly, it is not permissible for you to solicit publishers or book sellers or to hold a drive to collect books.

         Enclosed, for your convenience, are Opinions 97-83 (Vol. XVI); 97-48 (Vol. XV); and 94-58 (Vol. XII) which address this issue.

                                       Very truly yours,

George D. Marlow, Assoc. Justice

Appellate Division, First Dept. (Ret.)

Committee Chair

Encls.