Opinion 22-161

December 15, 2022

Digest:         A judge may purchase a sponsor-level ticket to a bar association’s fund-raising dinner and be publicly listed as a “sponsor” of the event.

Rules:          22 NYCRR 100.2; 100.2(A); 100.4(C)(3)(b)(i)-(ii), (iv).

Opinion:

         The inquiring judge asks if they may use personal funds to purchase a sponsorship-level ticket to a bar association fund-raising dinner and be publicly listed on a sponsorship roll.

         A judge 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 personally participate in the solicitation of funds (see 22 NYCRR 100.4[C][3][b][i]) or permit the use of judicial prestige for fund-raising or membership solicitation (see 22 NYCRR 100.4[C][3][b][iv]). Although a judge ordinarily “may not be a speaker or the guest of honor at an organization’s fund-raising events,” an exception applies if the organization is a “court employee organization, bar association or law school” (22 NYCRR 100.4[C][3][b][ii]).

         Since the event in question is a bar association fund-raiser, we can see no appearance of impropriety in the judge using personal funds to make a charitable donation to the bar association by purchasing a sponsor-level ticket to the association’s fund-raising dinner and being publicly listed with similarly situated contributors as a “sponsor” of the event.