Opinion 23-73

Short-Form Opinion

June 15, 2023

Question:    May a judge serve as the secretary-treasurer of a not-for-profit organization which owns and operates a cemetery for the descendants of Jewish immigrants? The position oversees investments, maintains a checking account, sends out meeting notices with the annual dues notice, and deposits all funds received. The organization does no fund-raising.

Discussion:  We have said that a judge may serve as an officer, director, trustee or non-legal advisor of a non-profit religious organization, provided the organization is unlikely to be engaged in proceedings that ordinarily would come before the judge. However, the judge may not personally participate in the solicitation of funds or other fund-raising activities. Thus, while the judge may serve as the secretary-treasurer of the not-for-profit organization for the purpose of receiving dues, depositing funds and paying bills, the judge’s name and judicial status should not be used in the solicitation of dues or other contributions.

Enclosed:    Opinions 20-174; 17-154; 01-28; 95-102.