Opinion 18-97

August 1, 2018

Dear :

         This responds to your inquiry (18-97) asking whether you may accept an invitation to speak at the International Lions of Judah Conference, a non-profit organization of philanthropists. Its purpose is to examine the “changing face of [the] world today and celebrate [the members] collective ability to repair the world and secure the future of [the religious] community through philanthropy” (Conference FAQ page). At the conference, there will be speeches from leaders, innovators, entrepreneurs and the like. Significantly, during the conference, the participants raise millions of dollars for global humanitarian purposes.

         The Rules Governing Judicial Conduct prohibit a judge from being a speaker or guest of honor at a fund-raising event (see 22 NYCRR 100,4[C][3][b][ii]). Thus, the Committee has advised that a judge may not be a guest speaker at a not-for-profit organization’s annual dinner, where, although the moderate admission price covers only the cost of the dinner and related expenses, there is a substantial, ongoing and prominent fund-raising aspect to the event. Similarly, the registration fee here is applied only to conference costs, but a prominent purpose of the conference is to raise a substantial amount of money. Therefore, it is ethically impermissible for you to be a speaker or guest of honor at this conference.¹

         Enclosed, for your convenience, is Opinion 15-154 which addresses this issue.

                                                 Very truly yours,

                                                 George D. Marlow, Assoc. Justice

                                                 Appellate Div., First Dep’t

                                                 Committee Co-Chair

                                                 Hon. Margaret T. Walsh

                                                 Family Court Judge

                                                 Acting Justice, Supreme Court

                                                 Committee Co-Chair

Enc.

__________________________

¹ Although a prominent federal judge spoke at a prior conference, the Rules Governing Judicial Conduct for federal judges are different than those for state judges.