Opinion 23-105

September 7, 2023

Digest:    A judge may be honored at a non-fund-raising event held by a not-for-profit organization, even where the entity will recognize the judge for prior assistance in fund-raising before the judge assumed judicial office.

Rules:      22 NYCRR 100.1; 100.2; 100.2(A); 100.4(A)(1)-(3); 100.4(C)(3)(b)(i)-(ii), (iv); Opinions 22-75; 18-91; 17-94; 06-143; 90-184.

Opinion:

          Before assuming judicial office, the inquiring judge helped a not-for-profit entity obtain public funding for a particular project. In recognition of that former role, the not-for-profit entity has invited the judge to attend an invitation-only event to attend a “VIP Reception In Your Honor” at its facility.  The event is intended to celebrate “Special Members, Donors, Supporters, & Community Partners” and does not appear to be a fund-raiser.

          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 participate in extra-judicial activities provided they are not incompatible with judicial office and they do not cast reasonable doubt on the judge’s capacity to act impartially, detract from the dignity of judicial office, or interfere with the proper performance of judicial duties (see 22 NYCRR 100.4[A][1]-[3]).  A judge must not personally participate in soliciting funds or other fund-raising activities (see 22 NYCRR 100.4[C][3][b][i]) nor permit the use of the prestige of judicial office for fund-raising or membership solicitation (see 22 NYCRR 100.4[C][3][b][iv]).  A judge may attend fund-raising events for not-for-profit educational, religious, charitable, cultural, fraternal or civic organizations, but “may not be a speaker or the guest of honor” at such events unless an exception applies (22 NYCRR 100.4[C][3][b][ii]).

          In general, a judge may be a guest of honor at a not-for profit organization’s non-fund-raising event (see Opinions 90-184 [honoree at the non-fund-raising annual dinner of an ethnic police association]; 17-94 [guest of honor at a cultural organization’s non-fund-raising concert recognizing the judge as “a community leader”]; 18-91 [honoree as person “of the year” at a fraternal organization’s non-fund-raising event]).  Similarly, where a not-for-profit organization’s free community event is not a fund-raiser, a judge may accept an invitation to speak, subject to generally applicable limitations on judicial speech and conduct, and may also permit their name, likeness, and title to be used in social media promotions advertising the event (see Opinions 22-75; 06-143).

          Here, the entity seeks to recognize the inquiring judge for their former role in obtaining public funding for the not-for-profit entity.  The invitation does not suggest the event is a fund-raiser.  Thus, we conclude that, if the event is not a fund-raiser, then the inquiring judge may participate as described above. 

          As a reminder, we note that this result applies only if the event is not a fund-raiser.  As the entity in question is not a bar association, law school, or court employee association, the judge cannot be a “speaker or guest of honor” at the entity’s fund-raisers and cannot permit the entity to use the judge’s name in advance on invitations or announcements for any fund-raising events.  At most, the judge could only accept an award which is entirely unadvertised and ancillary to the entity’s fund-raising event (see 22 NYCRR 100.4[C][3][b][ii]; Opinion 18-91).