Opinion 90-192

December 11, 1990

Digest:         A judge may permit the listing of the judge’s name and photograph in a school’s journal distributed at the school’s annual dinner, as the judge’s name and photograph are not being used in connection with the solicitation of funds.

Rules:          22 NYCRR 100.5(b)(2).

Opinion:

         A judge, who is chair of a school committee which has no fundraising function, asks whether the judge may allow the publication of the judge’s name and photograph in a school journal, which is distributed at the school’s annual dinner. A portion of the journal contains advertisements purchased by parents and other contributors, the proceeds of which go to various school funds. Advertisements purchased for a certain amount entitle the purchaser to attend an annual dinner dance.

         Section 100.5(b)(2) of the Rules of the Chief Administrator of the Courts, provides, in part, as follows:

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, but may be listed as an officer, director or trustee of such an organization, provided, however, that no such listing shall be used in connection with any solicitation of funds...

         In the instant matter, advertisements are sold in the journal, which is distributed, rather than sold, to parents and faculty. Consequently, at the point at which the journal is distributed, the fundraising event has terminated. Thus, the name and photograph of the judge is not used to promote the sale of the journal or to solicit funds.

         Therefore, it is the opinion of the this committee that the judge may allow the judge’s name and photograph to appear in the school journal.