Opinion 91-33

March 14, 1991

Digest:         A full-time judge may serve on the board of directors of a social services organization, but may not permit his or her name to be used in connection with the solicitation of funds.

Rules:          22 NYCRR §100.5(b)

Opinion:

         A full-time judge inquires whether it is permissible to serve on the board of directors of a social services organization. The judge would not be involved in any fundraising, but the judge’s name and title would appear on the official board of director’s listing, which the board submits as part of its funding applications to both public and private sources.

         Section 100.5(b) of the Rules of the Chief Administrator permits judges to participate in civic and charitable organizations, provided that the judge does not solicit funds for the organization, or permit the use of the prestige of the judicial office for that purpose. Section 100.5(b)(2) states that “a judge may be listed as an officer, director or trustee of such organization; provided, however, that no such listing shall be used in connection with any solicitation of funds.”

         Accordingly, the judge may serve as a member of the board of directors, but may not permit the judge’s name to be listed in connection with any fundraising by the organization. (See Advisory Committee on Judicial Ethics Opinion 88-110, Vol. II.)