Opinion 91-116

October 31, 1991

Please Note: This opinion has been modified by Opinion 10-194, which states in a footnote: “To the extent that Opinion 91-116 (Vol. VIII) holds or suggests that a judge who serves as treasurer of a county magistrates association may not solicit dues from members who are (i) part-time attorney/judges or (ii) former judges who are now attorneys, it is hereby modified consistent with this opinion.”

Digest:         A judge may serve as secretary-treasurer of a county magistrates association and may receive dues from attorneys, but the judge should not personally solicit membership or dues from attorneys.

Rules:          22 NYCRR 100.2.

Opinion:

         A judge asks whether it is appropriate for the judge, who is the secretary- treasurer of a county magistrates association, to send an attorney-member an association dues notice and cash the attorney’s check, if the attorney appears before the judge in court.

         The committee sees no impropriety nor an appearance of impropriety in the judge acting as secretary-treasurer of an association and receiving and depositing dues from attorneys, solely in the judge’s representative capacity as treasurer. [See 22 NYCRR 100.2]. The judge, however, should not personally solicit membership or dues from non-judges.