Opinion 24-120
September 12, 2024
Digest: (1) A judge may serve on the board of the parent teacher organization at their child’s school. The judge may make donations to the organization and assist in planning fund-raising, but must not personally solicit funds nor permit the judge’s name or office to be used for fund-raising.
(2) Although a judge may ordinarily help coordinate school supply lists so that parents know what supplies are needed for the school year, a judge may not serve as liaison to a single for-profit company which has been designated as the exclusive source for such school supplies.
(3) The judge may assist in planning fund-raising by baking and decorating cupcakes for a bake sale, but may not participate in selling food at the event.
(4) The judge may assist in planning fund-raising by purchasing supplies for an arts and crafts station at a fund-raising fair, and may assist children with arts and crafts during the fair.
(5) Where access to rides and activities at a fund-raising fair is controlled by paid tickets, the judge may not collect or punch tickets for children to take the rides or participate in those activities.
(6) The judge may not co-host a fund-raising party with other parents.
(7) The judge may serve as a class parent, but may not personally solicit funds, including dues or money for teacher/staff gifts.
Rules: 22 NYCRR 100.2; 100.2(A); 100.2(C); 100.4(A)(1)-(3); 100.4(C)(3)(a)(i); 100.4(C)(3)(b)(i), (iv); Opinions 23-140; 23-91; 21-73; 18-44(B); 17-69; 16-85; 12-142; 11-47; 10-68; 10-22; 09-174; 08-188; 07-17; 02-25; 99-129; 90-175; 90-62; 88-111.
Opinion:
A part-time judge asks several questions about participating in parent teacher organization (PTO) activities at their child’s school.
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]). A judge must not lend the prestige of judicial office to advance private interests (see 22 NYCRR 100.2[C]). A judge’s extra-judicial activities must be compatible with judicial office and must not “(1) cast reasonable doubt on the judge’s capacity to act impartially as a judge; (2) detract from the dignity of judicial office; or (3) interfere with the proper performance of judicial duties” (22 NYCRR 100.4[A]). A part-time judge may serve as an officer or director of a not-for-profit civic or educational organization, provided it is unlikely to “be engaged in proceedings that ordinarily would come before the judge” (22 NYCRR 100.4[C][3][a][i]). A judge may not “personally participate in the solicitation of funds or other fund-raising activities,” but may “assist such an organization in planning fund-raising” (22 NYCRR 100.4[C][3][b][i]). A judge also must not “use or permit the use of the prestige of judicial office for fund-raising or membership solicitation, but may be listed as an officer, director or trustee of such an organization” (22 NYCRR 100.4[C][3][b][iv]).
1. Participation on the PTO Board
The judge asks if it is ethically permissible to serve on the board of the PTO of their child’s school.
We have previously advised that a judge may serve as a co-recording secretary of the parent teachers association of the school attended by the judge’s child, subject to generally applicable limitations, such as the prohibition on personally participating in the solicitation of funds or other fund-raising activities (see Opinion 99-129).
Accordingly, we conclude it is permissible for a judge to serve on the PTO board. We note that the judge may make donations to the PTO and assist in planning fund-raising, but must not personally solicit funds nor permit the judge’s name or office to be used for fund-raising.
2. Oversee School Supply Lists and Purchases
The judge asks if it is ethically permissible to oversee the school supply lists and purchases. The judge would gather school supply lists from the teachers and provide them to a single designated school supply company. Parents would thereafter access that company’s website to purchase the requisite supplies by selecting their children’s teachers. No portion of the sale will be used to raise funds for the school or the PTO.
We note initially that the role as described is not limited to serving as a liaison solely between teachers and parents. In effect, it goes beyond merely helping teachers communicate to parents what supplies their children will need for the school year, because it involves coordinating with a single designated for-profit supplier and directing parents exclusively to that supplier’s website.
We have said that a judge may not promote the products or services of any organization (see Opinion 21-73 [judge may not organize judicial fashion show that will “showcase the merchandise of a single producer of judicial robes or jewelry” and/or “display jewelry from judges’ personal collections accompanied by information about where the items were or can be purchased”]; 09-174 [judge may not endorse telephonic court appearance service]; 08-188 [judge may not promote financial services vendor]). This rule is “particularly strict” with respect to for-profit entities “to avoid any appearance that a judge is lending the prestige of judicial office to advance private interests” (Opinion 09-174).
Thus, although a judge may ordinarily help coordinate a school supply list so that parents know what supplies their children need for the school year, the judge may not do so where he/she would be acting on behalf of, or promoting, a single for-profit company selected by the PTO. The proposed activity, as described here, would create an appearance that the judge is advancing the financial interests of the school supply company.
3. Fund-Raising Bake Sale
The judge asks if they may participate in the PTO’s bake sale either by decorating cupcakes for sale in advance or by selling food at the event.
We have advised that a judge “may assist with general setup, food preparation, and cleanup” for a fund-raising event, “as long as the judge does not personally participate in the solicitation or collection of funds or other fund-raising activities that occur during the event” (Opinion 10-22 [fire department fund-raiser]; see also Opinion 18-44[B] [judge may not sell items at concession stand, but “may participate in food preparation and other behind-the-scenes activities related to operating the concession stand”]).
Here, too, the judge may bake and decorate baked goods, set up the bake sale, and clean up after it, but may not participate in selling food at the event.
4. Arts and Crafts Station at a Fund-Raising Fair
The judge asks if it is ethically permissible to volunteer with one of the arts and crafts stations at the PTO’s fund-raising fair by purchasing supplies for the station in advance, and then helping children with arts and crafts during the event. The judge would not handle any money, but would punch patrons’ pre-paid cards each time they use the arts and crafts station.
We have advised that a judge may assist in some capacities during a fund-raising event, provided the judge “is not at the same time engaged in activities designed to raise money and is not otherwise serving in a prominent role that would lead to the conclusion that the judge is so engaged” (Opinion 10-22; see also Opinion 12-142 [judge “may help plan the organization’s fund-raising event, and may attend the event, but must not speak or participate in any substantial or prominent manner during the event”]). Thus, where an event is a fund-raiser, we have said a judge may not appear as a “celebrity bartender” (Opinion 02-25), perform as a volunteer pianist (see Opinion 23-240), or run games or contests (see Opinions 12-142 [“casino themed” games using fake money]; 90-62 [bingo games]; 88-111 [cake-baking contest]). By contrast, a judge may engage in more low-profile supporting roles such “general setup, food preparation, food service, and cleanup” during a fund-raising dinner (Opinion 10-22), or help set up and take down a “bounce house” after it has been rented to someone (Opinion 23-140 [but emphasizing that the judge may not solicit, collect or accept payment for the rental]).
In our view, helping children create arts and crafts at one of many activity stations at a fund-raising fair is not an impermissibly prominent role, and the casual interactions with children and parents in the course of creating such arts and crafts are not likely to create an impression that the judge is personally engaged in fund-raising activities.
Accordingly, the judge may purchase supplies for an arts and crafts station at a fund-raising fair, and may assist children with the arts and crafts during the fair.
5. Punching Tickets for Activities at the Fund-Raising Fair
The judge also asks if it is ethically permissible to punch tickets at a fund-raising fair for children to ride the rides or participate in arts and crafts activities.
In Opinion 23-140, we advised that a judge may not stand at a door to a fund-raising circus and collect previously purchased tickets. Although the judge’s involvement would occur after the tickets were already sold, it could be viewed “as an attempt to ensure that only those who contributed may enter and watch the circus” (id.). This, we concluded, “creates an appearance of impermissible participation in the fund-raising” (id.). The same principles apply here.
In sum, where access to rides and activities at a fund-raising fair is controlled by paid tickets, the judge may not collect or punch tickets for children to take the rides or participate in those activities.
6. Co-Host a Fund-Raising Party
The judge asks if it is ethically permissible to co-host a fundraising party with other parents from the PTO.
Although a judge may be part of an ad hoc committee that exists for the purpose of planning a charity walk, we have said the judge “may not serve or be identified as the chair of the committee” (Opinion 07-17). Indeed, we have said that a judge may “show[] people to their seats” at a fund-raising dinner but must not otherwise act as a host (Opinion 90-175). In our view, serving as host or co-host of a fund-raising party “could lead to the public perception that the prestige of judicial office is being used to support the endeavors of the charitable organization. This appearance of impropriety exists even if the judge does not solicit funds directly or permit his/her name to be used for such a purpose” (Opinion 07-17).
Accordingly, the inquiring judge may not co-host a fund-raising party.
7. Serve as “Class Parent”
The judge asks if they may serve as a class parent, which we understand to be a volunteer who serves as liaison between the teacher and the parents of other students in the class. The judge asks specifically if it is permissible to collect money for teacher/staff gifts and collect dues from PTO members.
We have advised that a judge may serve as treasurer for a not-for-profit organization and even receive dues from members, but may not personally participate in soliciting funds or other fund-raising and may not use the judge’s name or judicial status to solicit dues (see Opinion 23-91; see also Opinion 10-68 [“Nor may the judge’s name be used in connection with dues notices…, even on the return address of the stationery or envelope and even if the judge’s judicial title is omitted”]).
Accordingly, we conclude the judge may serve as a class parent, but may not personally solicit funds, including dues or money for teacher/staff gifts.[1]
Note on Choice of Surnames
Because the inquiry mentions that the judge uses different surnames for judicial and extra-judicial activities, we also note that a judge’s ethical obligations inure to the judge personally, regardless of the name used (cf. Opinions 11-47 [choice of surnames is “a personal or legal matter”]; 16-85 [no exception for “anonymous” political activity]).
[1] If the class parent needs to solicit volunteers from among the parents of other students in the same class to assist with class field trips or projects, we note that our opinions permit a judge to ask fellow members of a non-profit entity to work on the entity’s projects (see e.g. Opinion 17-69 [“As a reminder, a judge may recruit volunteers only from within his/her own organization, i.e. from other current members of the congregation”]).