Opinion 24-197

February 6, 2025

Digest:   Where a judge’s minor child is participating in a Girl Scout cookie sale fund-raiser:
(1) The judge may personally solicit cookie orders from family members, but must otherwise leave any such solicitations to the child;
(2) Door-to-door sales: The judge may accompany his/her child while the child solicits cookie sales door-to-door, and may help the child complete the cookie order sheet;   
(3) Booth sales: The judge may assist the troop in planning and set up of cookie sale booths;
(4) Web sales: The judge may assist his/her child in setting up the child’s web-based cookie sale page, but may not personally share the link with non-family members;
(5) Deliveries: The judge may accompany his/her child to deliver cookie orders to customers;
(6) The judge may record cookie orders solicited by troop members into an online ordering system and accept funds solicited and collected by troop members from their cookie sales for deposit into the troop’s bank account;
(7) The judge may assist the troop in all aspects of organizing and logistics to donate and ship unsold boxes of cookies overseas.

Rules:    22 NYCRR 100.2; 100.2(A); 100.4(C)(3)(b)(i), (iv); Opinions 24-120; 23-230; 23-140; 23-114; 23-91; 22-15(B); 21-73; 18-44(B); 17-55; 16-153; 14-08; 13-38; 10-157; 10-137; 10-22; 09-28; 07-178; 07-17; 98-15.

Opinion:

          The inquiring judge is a co-leader of a local Girl Scout troop whose members, including the judge’s child, are in elementary school.  The troop’s sole fund-raising activity is selling Girl Scout cookies for a few months each year. The judge asks several questions, which are addressed below, about supporting this fund-raiser.

          A judge must always avoid even the appearance of impropriety and act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2; 100.2[A]).  A judge “may assist” a not-for-profit organization “in planning fund-raising,” but must not personally participate in soliciting funds or other fund-raising activities (see 22 NYCRR 100.4[C][3][b][i]), and must not permit the use of the prestige of judicial office for fund-raising (see 22 NYCRR 100.4[C][3][b][iv]).

1. Accompanying Child During Cookie Sales

          The judge asks if he/she may be present with his/her child to supervise the child speaking to adults (family members, family friends, neighbors, teachers, and previous customers) directly about ordering cookies.

(a) Family Members

          As we have recognized, “a person elected or appointed to judicial office does not forfeit his/her rights or responsibilities as a parent” (Opinion 07-178; accord Opinion 13-38).  Thus, we have advised that a “judge whose minor child is participating in a charitable fund-raiser may personally solicit funds from family members” (Opinion 16-153).  As we explained (id. [internal quotations and citations omitted]):

Specifically, the strict prohibition on personally participating in the solicitation of funds or other fund-raising activities need not apply to a judge’s interactions with his/her own family members.  The Committee reasoned that the public will readily appreciate that a judge’s interactions with his/her own family members will be motivated by their own familial relationship with the judge, rather than by the judge’s judicial status or the prestige of judicial office.  Furthermore, there is no risk that soliciting funds for charity from a relative will be construed as an opportunity to curry favor with a judge, when that relative’s appearance or interest in a case would in any event require the judge’s disqualification.

          Accordingly, the judge may supervise his/her child talking to family members about cookie sales and is not prohibited from being directly involved in the solicitation of sales from family members within the sixth degree, provided the judge does not reference his/her judicial title or status in doing so (see Opinion 22-15[B]).

(b) Friends, Neighbors, and Others

          The rule prohibiting a judge from personally participating in soliciting funds or other fund-raising activities (see 22 NYCRR 100.4[C][3][b][i]) is not lessened where friends, neighbors, teachers, or other non-family members are concerned.  We have advised that a judge, as a parent, may accompany his/her minor child as the child knocks on neighbors’ doors and makes calls to family friends to request pledges for a charitable school walk-a-thon (see Opinion 16-153).  We explained that while the judge may be present to supervise, the child must be allowed to speak for him/herself, and therefore the judge “must not supplement or clarify the child’s own explanations of the fund-raising event” (id.).

          Here, too, the inquiring judge may be present with his/her child to supervise as the child goes door-to-door speaking to friends, neighbors, teachers, previous customers, and others about Girl Scout cookies, but the judge must the leave the actual solicitation to his/her child, without additional commentary.  (As explained in more detail in the next section, the judge may also help the child complete his/her cookie order sheet when accompanying the child door-to-door.)

2. Helping Child Complete Order Sheet, Set Up Booths, and Presence at Booths

          The judge asks if he/she may: (a) help his/her child complete the cookie order sheet, including helping the child record people’s names and other contact information on the order sheet; (b) help the troop and the judge’s co-leader schedule, order cookies, and set up cookie booth(s) where the troop will sell cookies; and (c) be present at the booth to supervise the troop while they interact with potential customers.

          In assisting a not-for-profit organization in planning fund-raising (22 NYCRR 100.4[C][3][b][i]), a judge may participate in certain behind-the-scenes activities 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 [allowing judge to assist with general setup, food preparation, and cleanup at fire department fund-raiser]; see also Opinions 24-120 [advising judge may bake and decorate baked goods, set up bake sale and clean up after, but may not participate in selling food at event]; 18-44[B] [prohibiting judge from selling items at concession stand, but allowing participation in food prep and other behind-scenes activities]; 17-55 [permitting judge may to use skills as logistics expert to plan and manage supplies or donations and to purchase items with donated debit card]; 14-08 [allowing judge to participate in radio station’s fund-raiser placing labels on forms and inputting data into computer]; 09-28 [permitting judge to assist a police sports team with logistics of event to raise funds for charitable organization]; 07-17 [advising judge may serve on planning committee for charity’s fund-raising walk and perform tasks to set up]).

          Thus, the judge may help his/her child complete the cookie order sheet, including helping the child record people’s names and other contact information on the order sheet, and may also help the troop and the judge’s co-leader schedule, order cookies, and set up cookie booth(s) where the troop will sell cookies.

          However, a judge may not “serve at any booth where fund-raising is taking place” (Opinion 98-15; see also Opinion 23-230 [prohibiting judge from personally volunteering at not-for-profit organization’s exhibit booth, where recruitment occurring]).  As we have previously explained, “it would be difficult, if not impossible, to avoid the perception that the prestige of judicial office is being used” for solicitation (Opinion 10-137).

          For this reason, the inquiring judge may not be present at the booth to supervise the troop while they interact with potential customers.  In our view, the judge’s presence at a fund-raising booth is substantially different from accompanying his/her minor child while the child engages in door-to-door solicitations (cf. Opinion 16-153).

3. Setting Up and Sharing Child’s Cookie Sale Webpage

          The judge asks if he/she may assist his/her child in setting up a web-based sale page, by helping the child type a short bio and a statement about him/herself and what the child hopes to learn and earn by selling cookies.  The judge also asks if he/she may share the judge’s child’s webpage, either by e-mail or text message, to family members and friends who do not live locally.

          As noted above, a judge “may assist with general setup, food preparation, and cleanup” during a not-for-profit organization’s fund-raising dinner, “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).

          Therefore, the inquiring judge may assist his/her child in setting up a webpage by helping the child type a bio and personal statement.

          Nonetheless, we have said that a judge may not promote the products or services of any organization (see Opinion 21-73), and thus, a judge “must not post, forward or distribute fund-raising solicitations or invitations to fund-raisers, even if the judge would be sharing a link rather than personally collecting the funds” (Opinion 23-114).  As it relates to a judge’s family members, we have said a judge may “create an online fund-raising tool and distribute the link to the judge’s own family members” (Opinion 22-15[B]).  We cautioned that “the judge must not share the link with non-family member contacts, even if the judge would not make any comment and would not follow up with the recipient” (id.; see e.g. Opinion 23-140 [barring judge from sharing links for not-for-profit fund-raisers]).

          Here, likewise, the inquiring judge may share his/her child’s webpage soliciting cookie sales with family members but may not share such webpage with friends and other non-family members.

4. Delivering Cookie Orders

          The judge asks if he/she may accompany his/her child for cookie order deliveries and whether the judge may deliver cookies to customers when the child is not present.

          Just as the judge may accompany his/her minor child when the child solicits cookie sales, we conclude that the judge may accompany the child to deliver the cookies that were previously sold (cf. Opinion 16-153).  We note that a judge accompanying his/her child to deliver Girl Scout cookies, which have been previously paid for, is likely to be seen as fulfilling parental responsibilities to protect and guide the child, rather than as engaging in impermissible fund-raising activities.

          Conversely, we have said a judge should not deliver complimentary tee shirts to sponsors after an organization’s fund-raising event “because this would create an appearance that the judge has impermissibly participated in personally raising funds” (Opinion 09-28).  We conclude that a judge delivering cookies to customers when the child is not present will likewise create an appearance of personal participation in fund-raising.

          Thus, the inquiring judge may accompany his/her child to deliver cookie orders but may not undertake such delivery to friends, neighbors, or other non-family members in the child’s absence.

5. Collecting Monies for Cookie Orders

          The judge asks if he/she may collect monies solicited and collected  by troop members for cookie orders to be deposited into the troop bank account, held in the name of the troop.

          Clearly the judge may not personally collect cookie sale proceeds directly from customers (see e.g. Opinions 24-120 [prohibiting judge from collecting or punching pre-paid tickets for children’s rides at fund-raising fair]; 23-140 [advising judge may not “collect or accept money either before or during” fund-raising event]; 18-44[B] [barring judge’s personal participation in collection of funds at not-for-profit organization’s concession stand during sporting event]; 10-22 [advising judge may not participate in collection of funds at volunteer fire department’s annual fund-raiser]).

          Here, in contrast, we understand the judge proposes a role that is more analogous to serving as the troop’s treasurer, by accepting monies that have already been paid to troop members for deposit into the troop’s bank account.  In our view, such activity does not create an appearance of impermissible participation in fund-raising (cf Opinion 23-91).

          Accordingly, we conclude the judge may accept funds solicited and collected by troop members from their cookie sales for deposit into the troop’s bank account.

6. Recording Cookie Orders in Online System

          The judge asks if he/she may record the troop’s cookie orders into the “Girl Scout/Little Brownie Baker” online ordering system.

          We see no reason to preclude the judge from engaging in this behind-the-scenes data entry task in support of the troop’s fund-raiser (see Opinion 14-08 [permitting judge to place labels on forms and input data into computer for radio station’s fund-raising drive]).

          Accordingly, the judge may record the troop’s cookie orders into the “Girl Scout/Little Brownie Baker” online ordering system, provided the activity does not require the judge to contact customers regarding the information received on their orders.

7. Coordinating a Cookie Drop

          Finally, the judge asks if he/she may help “coordinate Operation Cookie Drop, where the local Girl Scout troops physically donate unsold boxes of cookies to be shipped to Armed Service members overseas.”  The judge indicates that “coordination would include lining up vehicles, helping remove cookie boxes from cars, stacking, organizing and taking inventory.”

          A judge may assist a civic organization “by packing food donations and loading them into a truck for storage prior to distribution to needy families” and distributing the donated items (Opinion 10-157).  A judge may also “use his/her skills as a logistics expert to plan and to manage supplies or donations as they are received” (Opinion 17-55).

          Applying these principles, we conclude that the judge may assist the troop in all aspects of organizing and logistics to donate and ship unsold boxes of cookies overseas and therefore may help coordinate Operation Cookie Drop.