Opinion 23-101

Short-Form Opinion

September 7, 2023

Question:    May a full-time judge (1) help distribute previously donated books for free to the public at community events, provided the judge does not personally participate in any book drives or other solicitations; and (2) volunteer to read the judge’s own published books to children at a not-for profit “mobile bookstore”?   

Discussion:  A judge must avoid participating any extra-judicial activities that (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 and are not incompatible with judicial office (see 22 NYCRR 100.4[A][1]-[3]).  Nor may a judge be personally involved in the solicitation of funds or other donations (22 NYCRR 100.4[C][3][b][i][iv]). 

Here, the events described do not appear to be controversial or political, do not impermissibly promote any commercial interests, and do not involve any fund-raising or in-kind solicitations.  Rather, they involve promoting literacy by distributing books for free to the public and reading to children in connection with a not-for-profit entity.  We also note that a judge who has published a children’s book may personally promote the book in several ways, including by reading it to children at a school.  Accordingly, we conclude the proposed activities are permissible.

Enclosed:    Opinions 16-06; 12-120.