Opinion 90-97

September 18, 1990

Digest:         A part-time judge may play in a softball game, even though the purpose of the event is to raise money for a charity.

Rule:            22 NYCRR § 100.5(b)(2).

Opinion:

         A part-time judge inquires whether he may participate as a player or umpire a softball game held to raise money for a charitable program. Money will be raised by the selling of tickets to the game or by having people seek pledges. The judge will not participate in these fund-raising activities.

         Section 100.5(b)(2) of the Rules of the Chief Administrator provides, in part, that a judge shall not solicit funds for any educational, religious, charitable, fraternal or civic association. Here, the judge may serve as a player or umpire in the baseball game as the judge’s participation in fund raising is de minimus. The judge’s function is solely as a softball player or umpire and involves no solicitation of funds.