Opinion 23-52

Short-Form Opinion

May 4, 2023

Question:    May a full-time judge ethically purchase and renovate a building at the judge’s sole personal expense, and donate it to a not-for-profit religious organization for which the judge is also the head minister?

Discussion:  As a general rule, “it is no ethical consequence for a judge to make a monetary contribution to a non-profit organization”, provided the judge does not personally solicit funds or participate in other fund-raising activities (Opinions 04-140, 01-84).  We likewise see no ethical impropriety in your proposed in-kind charitable donation here.

                  Ordinarily, a judge need not recuse or disclose after making a charitable donation, as most contributions are “relatively modest and not essential to the operation” of the charity.  Here, we note that you are already disqualified from matters involving this not-for-profit religious organization due to your role as a volunteer minister (see 22 NYCRR 100.3[E][1][d][ii]-[iii]).  On these facts, after making an extraordinarily large contribution, the requisite full disclosure necessary for remittal of your disqualification would need to include both your role with the entity as well as your contribution.      

Enclosed:    Opinions 22-73; 22-55; 21-180; 19-24; 01-84; 99-121; 95-131; 04-140.