Opinion 89-122

October 24, 1989

Digest:         A judge may not permit the use of the judge’s name for a fundraising project for the purchase of books for a collection in the judge’s name for a bar association library.

Rules:          22 NYCRR 100.5(b)(2)

Opinion:

         A judge inquires as to the propriety of a proposed dedication of a collection of American law books to be called the "[judge's name] Collection”; the books are to become part of the law library of a foreign bar association; and the dedication of the books is to take place at a Congress of an international association of lawyers to be held in the foreign country; the judge is to be an Honored Guest at the Congress of that international association of lawyers over a one-week period.

         Section 100.5(b)(2) of the Rules of the Chief Administrator provides in part:

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 . . . No judge shall be a speaker or the guest of honor at an organization's fundraising events, but he or she may attend such events. Nothing in this Part shall be deemed to prohibit a judge from being a speaker or guest of honor at a bar association function.

         Pursuant to this section, the judge may not permit the dedication of the collection of books to be named in the judge’s honor, since the primary purpose of the dedication is the raising of funds for the purchase of the books. The fact that the books are for a bar association does not exempt the judge from the prohibition against fundraising of this type.