Opinion 24-104

June 20, 2024

Facts/Issue:    A part-time judge who is a military veteran asks if it is permissible to volunteer with various charitable veterans’ organizations.  The judge’s concern is that these entities engage in extensive fund-raising.  The judge would not personally solicit funds, but would participate in community parades, military celebrations, and holidays; seek out veterans for the charities to assist; play Taps at veterans’ funerals; make donations and attend fund-raising dinners; and assist the charities in setting up before and cleaning after such dinners.

Discussion:     A judge generally may be a member of or volunteer with a not-for-profit charitable entity, even if the entity engages in fund-raising, provided the judge does not personally participate in soliciting funds.  Likewise, a judge may participate in not-for-profit veterans’ organizations subject to generally applicable limitations.  For example, we have said a a judge may serve as the treasurer of the local American Legion Post and participate in its service committee.  We observe that most of the events the judge describes are not fund-raisers, and thus are unlikely to raise any special concerns.

                      With respect to the charitable fund-raising dinners, a judge may assist with set-up for such dinners, purchase tickets and attend the event, and assist with clean-up afterward.  None of this constitutes impermissible solicitation of funds.

                      Finally, we note that the judge’s proposed “recruitment” of veterans so that a charitable organization can provide them with a free trip to Washington, D.C., to be honored for their military service, or so the veterans or their families can receive free hospice care and other services, does not constitute prohibited solicitation of members in the organization. 

Conclusion:     A judge may participate in the activities of not-for-profit veterans’ organizations, provided the judge does not personally solicit funds or permit his/her judicial status to be used for fund-raising purposes.  A judge may donate to these organizations and may also identify veterans who can benefit from the services they offer. 

Authorities:    Opinions 23-134; 23-91; 21-159; 21-112; 18-44(C); 18-44(B); 16-157.