Opinion 18-98

August 30, 2018

Dear :

         This responds to your inquiry (18-98) asking if you must take further action after withdrawing as a keynote speaker, and after objecting orally and in writing to the use of your name and photograph on the event flyer that, unknown to you, was a church fund-raiser. When you agreed to participate, you were unaware the event would be a fund-raiser. It was later cancelled.

         The Committee has previously advised a judge must not lend judicial office prestige to advance private interests of the judge or others (see 22 NYCRR 100.2[C]). We have advised no further action is necessary for a judge who objected orally and in writing to the appearance of his/her name in a letter soliciting funds for a charity (see Opinion 17-78).

         Enclosed, for your convenience, is Opinion 17-78 for your review, which addresses this issue.

                                                 Very truly yours,

                                                 George D. Marlow, Assoc Justice

                                                 Appellate Div., First Dept. (Ret)

                                                 Committee Co-Chair

                                                 Hon. Margaret T. Walsh

                                                 Family Court Judge

                                                 Acting Justice, Supreme Court

                                                 Committee Co-Chair

Encl.