Opinion 21-159

December 2, 2021

Dear :

         This responds to your inquiry (21-159) asking whether a judge who is a disabled veteran may become a regular member of the not-for-profit charitable entity, Disabled Veterans of America.

         The Rules Governing Judicial Conduct permit a judge to generally engage in extra-judicial activities that are not incompatible with judicial office and do not (1) 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 (see 22 NYCRR 100.4[A][1]-[3]). For example, a judge may be a member of a civic, fraternal or charitable organization not conducted for profit (see 22 NYCRR 100.4[C][3]), except where prohibited by rule or opinion. We have previously advised that a judge may serve on a committee formed to create a memorial to honor the veterans in the judge’s town, provided the judge does not personally participate in the solicitation of funds or other fund-raising activities by the organization (Opinions 07-134; 98-145; 22 NYCRR 100.4(C][3][b][i]).

         Similarly, it is ethically permissible for you to become a member of the Disabled Veterans of America, which provides aid to disabled veterans and outreach to homeless veterans, provided you do not personally participate in the solicitation of funds or other fund-raising activities by the organization, nor provide any legal advice.

         Enclosed for your convenience are Opinions 21-109; 19-131; 07-134; 98-145 which address this issue.

                                     Very truly yours,

                                       Margaret T. Walsh

                                       Supreme Court Justice

                                       Committee Co-Chair

                                       Lillian Wan

                                       Acting Supreme Court Justice

                                       Committee Co-Chair

Encls.