Opinion 23-75
June 15, 2023
Digest: An elected judge may make a charitable donation by check payable to a not-for-profit charitable organization in memory of the deceased relative of a district leader of a local political party, but may not send the contribution to the district leader for collection.
Rules: 22 NYCRR 100.2; 100.2(A); 100.5(A)(1); 100.5(A)(1)(h); Opinions 17-15; 04-140.
Opinion:
The inquiring judge, who holds and/or aspires to elective judicial office, would like to make a charitable donation to a not-for-profit organization that operates facilities for a certain category of individuals, in memory of the deceased relative of a district leader of a local political party.[1] The judge proposes to issue a check payable to the not-for-profit organization, and then send it to the district leader for collection.
A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and must always act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]). A judge also must not “directly or indirectly engage in any political activity” unless an exception applies (22 NYCRR 100.5[A][1]) and may not make political contributions (see 22 NYCRR 100.5[A][1][h]).
In general, judges may make charitable contributions to a wide variety of not-for-profit organizations. Indeed, we have said “it is of no ethical consequence for a judge to make a monetary contribution to a non-profit organization..., even if the organization appears in the judge’s court” (Opinion 04-140). We also see no impropriety in a judge’s desire to “graciously acknowledge the decedent’s life and loss” by making a charitable contribution in the name of the district leader’s relative, to a cause the judge deems worthwhile (cf. Opinion 17-15).
However, the judge’s proposal to deliver the check to the district leader’s office for collection could be perceived by the public as an attempt to gain political favor from the district leader, who nominates candidates for Supreme Court at judicial conventions among other relevant functions. In our view, this could create an appearance of impropriety.
Accordingly, we conclude that, although the judge is not prohibited from making a personal charitable contribution in memory of the district leader’s deceased relative, the judge may not forward the check to the district leader’s office.
[1] The district leader has suggested this specific charity for those who wish to honor the district leader’s relative, and the judge believes the charity is a “worthwhile cause.”