Opinion 93-74

September 14, 1993

Digest:         A judge may be quoted in the annual report of the Adoptive Families of America, Inc., provided that all references to judicial status are omitted, and that the report is not used for fundraising purposes.

Rules:          22 NYCRR §100.2(c).

Opinion:

         A judge inquires whether or not the judge may give permission to Adoptive Families of America, Inc. to use a quotation taken from correspondence sent by the judge to AFA: “As a Family Court Judge and the adoptive parent of a child born in India, I only wish I had discovered AFA before my son arrived . . . . I find your magazine so very valuable.” The quotation is to appear in AFA’s 1992 annual report, which is used only to report annual finances and give a synopsis of services provided. The annual report is not used for fundraising purposes.

         Section 100.2(c) prohibits the judge from lending the prestige of his or her office to advance the private interests of others. The Committee believes that the inclusion of the judge’s quotation in the annual report would serve to advance the interests of Adoptive Families of America, Inc. However, the judge’s quotation may be used if it is edited to take out all references to the judge’s status as a judge.