Opinion 15-91

May 15, 2015

PERSONAL AND CONFIDENTIAL

Dear   :

         This responds to your inquiry (15-91) asking if you may act as a clothing model at a not-for-profit fund-raising luncheon/fashion show. The luncheon includes raffles and a silent auction.

         A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and must always promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]). A judge may assist an organization in planning fund-raising, but must not personally participate in solicitating funds or in other fund-raising activities (see 22 NYCRR 100.4[C][3][b][i]).

         Accordingly, while you may help organize and attend this event, and even though your involvement will not be announced in advance, the fact remains that the fundraising event itself is billed as a fashion show and the fundraising will necessarily occur close in time to - and/or simultaneously with - the clothes modeling activities. Therefore, your participation as a clothing model is prohibited.

         Enclosed, for your convenience, is Opinion 12-142 which addresses this issue.  

                                       Very truly yours,

George D. Marlow, Assoc. Justice

Appellate Division, First Dept. (Ret.)

Committee Chair

Enc.