Opinion 22-107

June 30, 2022

Digest:         Where the advertisements for a bar association’s free run/walk will promote a business entity as the sole sponsor of the run/walk as a reward or perk for the entity’s sponsorship of an upcoming fund-raiser, a judge (a) may not be advertised as the “run leader” for the run/walk, but (b) may nonetheless appear unannounced and lead the run/walk.

Rules:          22 NYCRR 100.1; 100.2; 100.2(A); 100.2(C); 100.4(C)(3)(b)(i)-(ii); 100.4(D)(3); Opinions 21-73; 13-145; 13-45; 02-25.

Opinion:

         The inquiring full-time judge states that a local bar association is soliciting corporate sponsors for its annual fall fund-raiser.¹ As a reward or perk for such sponsorship, a business entity will be offered the opportunity to be promoted as the sole sponsor of a free run/walk organized by the bar association during the summer.

         The judge has been invited to serve as “run leader” for one of these free summer run/walk events. Although there is no charge for participating runners/walkers, it will be prominently sponsored by the business entity. That is, the business entity will be advertised as the sole sponsor of the event, and the advertisement would also include the name of the judge as “run leader.” The judge asks if it is ethically permissible to be advertised as the leader of the free run/walk under these circumstances.

         A judge must uphold the judiciary’s integrity and independence (see 22 NYCRR 100.1), must always avoid even the appearance of impropriety (see 22 NYCRR 100.2), and must always act in a manner that promotes public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]). A judge may not lend the prestige of judicial office to advance the private interests of the judge or others (see 22 NYCRR 100.2[C]), nor may a judge personally participate in the solicitation of funds or other fund-raising activities (see 22 NYCRR 100.4[C][3][b][i]). Moreover, a full-time judge must not serve as an “active participant” of any business entity (22 NYCRR 100.4[D][3]). Nonetheless, a judge may be an advertised honoree at a bar association’s fund-raiser (see 22 NYCRR 100.4[C][3][b][ii]), even where it is underwritten by commercial sponsors, provided that the sponsor is not actively engaged in litigation in the judge’s court (see Opinions 13-45; 13-145).

         In our view, the proposed advertisement would, in effect, present this judge as a “celebrity runner” to encourage people to attend the event, and by so doing would be lending the prestige of judicial office to advance the private interests of others, including the sponsoring business entity (see Opinion 02-25 [a judge may not appear as a “celebrity bartender” during a bar association fund-raiser]). We have previously advised that “a judge may not actively or tacitly promote the products or services of any organization,” and that this rule is “particularly strict” with respect to products and services offered by a for-profit entity, because a judge is prohibited from lending the prestige of judicial office to advance private interests (see Opinion 21-73).

         Under these circumstances, we conclude the judge may not be advertised as the “run leader” for this free run/walk organized by the bar association, where a business entity will be prominently advertised as the sponsor, but the judge may appear unannounced and lead the commercially sponsored run/walk.

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¹ The bar association will independently solicit the corporate sponsors, without any involvement by the judge and without any use of the judge’s name.