Opinion 24-201

February 6, 2025

Facts/Issue:     A not-for-profit charitable foundation devoted to medical research would like to honor a judge at its upcoming fund-raising gala and to establish a research grant in the judge’s name.  The judge asks if this is permissible.

Discussion:       A judge may attend a not-for-profit charitable organization’s fund-raising events, but may not be a speaker or the guest of honor.  A judge may nonetheless accept an unadvertised award that is ancillary to the event.

                      In determining whether a judge’s name may be used for a grant or scholarship, the crucial factor is whether funds will be directly or indirectly raised in the judge’s name.  For example, if the organization will raise funds specifically for the grant that will bear the judge’s name, or otherwise uses the judge’s name in connection with the solicitation of funds, it is impermissible.  Conversely, if the organization will solicit contributions only for a general fund without reference to or designation for any particular grant, and later allocates the monies as it sees fit, then the judge may acquiesce in the naming. 

Conclusion:      (1) A judge may not be the guest of honor at a not-for-profit charitable organization’s fund-raising gala. (2) A judge may allow a not-for-profit charitable organization to establish a grant in the judge’s name only if the judge’s name will not be used to raise funds for the grant or the organization.

Authorities:      Opinions 12-153; 11-63; 11-39; 05-79; 04-86; 99-99; 95-54; 90-159.