Opinion 95-102

September 21, 1995

Digest:         A Town Justice may not use his/her name to solicit contributions to the Fire Department in his/her capacity as Treasurer.

Rules:          22 NYCRR 100.5(b)(2); Opinions 88-121; 89-58; 91-23; and 92-36.

Opinion:

         A Town Justice inquires about the propriety of acting as Treasurer of the Town Fire Department. Apparently, the Town Justice is not presently a member of the Fire Department but was solicited to join the Department and serve as Treasurer since the Department is unable to find an active member to serve.

         A solicitation would include the name of the Town Justice on the return address, although no reference would be made to his/her position as a judge.

         Although the Town Justice would not actively participate in any fund raising activities, the use of the judge’s name on the return address would violate Rule 100.5 (b)(2) of the rules of the Chief Administrator. The Town Justice’s title would not be used on the return address of the envelope and stationery, but the solicitation material would contain the judge’s name. Individuals receiving same would most likely be aware of the judicial position of the inquiring Town Justice.

         There is no prohibition to merely acting as treasurer for the sole purpose of receiving dues, depositing funds and paying bills without use of the judge’s name. (cf., Opinions Vol. II, 88-121, vol. III; 89-58, 91-23, Vol VII; and 92-36, Vol. IX) .