Opinion 88-111

October 27,1988

Topic:          Participation of village justice in community cake-baking contest.

Digest:         A village justice may judge a cake-baking contest provided that the purpose of the event is not fundraising.

Rules:          Section 100.5 (b) (2) of the rules of the Chief Administrator [22 NYCRR].

Opinion:

         The Committee is asked whether a village justice may serve as a judge in a cake-baking contest at a village social.

         Section 100.5 (b) (2) of the Rules of the Chief Administrator of the Courts states that, “ No judge shall solicit funds for any educational, religious, charitable, fraternal or civic organization or use or permit the use of the prestige of the office for that purpose.

         If the cake-baking contest is not designed for fund-raising, there is no objection to the justice serving as a cake-baking judge. If the project is organized for the purpose of raising money for a non-profit civic organization, section 100.5 (b) (2) prohibits the justice’s participation.

         This opinion is advisory only and does not bind either the Office of Court Administration or the Commission on Judicial Conduct.