Opinion 24-136

September 12, 2024

Facts/Issue:    A judicial hearing officer asks if it is ethically permissible to attend a not-for-profit civic organization’s upcoming gala fund-raiser and receive an award as one of several honorees.  The money raised at the gala goes to a charitable foundation.

Discussion:     The Rules Governing Judicial Conduct permit a judge to attend a not-for-profit civic organization’s fund-raising event and to accept “an unadvertised award” at the event, provided the judge is neither a speaker nor the guest of honor and the award is “ancillary” to the event (22 NYCRR 100.4[C][3][b][ii]).

                      Because the judge’s receipt of the award must be “unadvertised” and “ancillary” to such event, the judge’s name must not be announced in advance or listed on the invitations to the event.

Conclusion:     A judicial hearing officer may attend a not-for-profit organization’s fund-raising gala and accept an unadvertised award as one of several honorees, provided his/her name is not announced in advance or listed on the invitations.

Authorities:  Opinions 20-91; 14-170; 11-39; 11-37; 01-51.