Opinion 23-230

February 1, 2024

Digest:  A judge may not personally volunteer at a not-for-profit organization’s exhibit booth, where a significant purpose of the booth is to recruit members.

Rules:   22 NYCRR 100.2; 100.2(A); 100.3(A); 100.4(C)(3); 100.4(C)(3)(b)(i); 100.4(C)(3)(b)(iv); Opinions 23-102; 18-151; 10-137; 02-80.

Opinion:

          The inquiring full-time judge is an officer and director of a not-for-profit organization that seeks to “facilitate community awareness, appreciation, and education of technology” and to collaborate with similar organizations.  Membership is free and the organization does not engage in any fund-raising activities.  The judge asks if he/she may personally volunteer at the organization’s exhibit booth at public events, which is designed to attract and engage the interest of passers-by.  A “significant purpose” of the booth is to “increase [the organization’s] membership.”

          A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]).  The judge’s judicial duties take precedence over all the judge’s other activities (see 22 NYCRR 100.3[A]).  A judge may be a member or serve as an officer, director, trustee or non-legal advisor of a not-for-profit fraternal or civic organization, subject to certain limitations (see 22 NYCRR 100.4[C][3]).  Among other restrictions, a judge must not personally solicit funds (see 22 NYCRR 100.4[C][3][b][i]) and must not permit the use of the prestige of judicial office “for fund-raising or membership solicitation” (22 NYCRR 100.4[C][3][b][iv]).

Applying these rules, we have advised that a judge may not provide a statement of endorsement for a not-for-profit organization to be used for “recruiting volunteers” (Opinion 02-80).  Nor may a judge serve as Vice-President of Membership for a not-for-profit civic or fraternal youth organization, where the position “would make the judge responsible for increasing … membership” (Opinion 10-137).  This is because “it would be difficult, if not impossible, to avoid the perception that the prestige of judicial office is being used to solicit membership in the organization” (id.).  Likewise, we have said a judge may not chair the membership committee of a volunteer fire department, even where the judge’s responsibilities would not include direct personal recruitment of members (see Opinion 18-151).

          Accordingly, we conclude the inquiring judge may not volunteer at an exhibit booth whose purpose is to increase membership in a not-for-profit organization.  On the facts presented, the judge’s participation in personally staffing this booth would publicly associate the judge with the organization’s recruitment efforts (cf. Opinion 23-102).