Opinion 95-45

April 27, 1995

Citation Note: The rules were significantly revised and renumbered in 1996. As relevant here, former Section 100.5(c)(3) was replaced by Section 100.4(D)(5).

Digest:         A City Court judge elected to another court may accept a gift of chambers equipment purchased with surplus funds resulting from a testimonial dinner sponsored by the staff of the City Court in honor of the judge and may donate it to the state or county.

Rule:            22 NYCRR 100.5(c)(3) (1); 106

Opinion:

         A City Court judge elected to another court inquires whether it is permissible to accept a gift of chambers furnishings and/or equipment to be purchased by the City Court staff with surplus proceeds from a testimonial dinner given in the judge's honor and sponsored by them. The dinner committee made an effort to fix the exact cost of the dinner to avoid a surplus. Nevertheless, there was one. The Committee now wishes to use the surplus to purchase equipment/furnishings for the judge's new chambers. The judge is agreeable to accepting the gift and also donating it to either the county or state. The judge also states that there is no connection whatsoever between the election committee (now non-existent), and the dinner committee.

         Section 100.5(c)(3)(1) of the Rules of the Chief Administrator provides that “a judge may accept a gift incident to a public testimonial to him or her.”

         Accordingly, the judge may accept the gift and also donate it to the state or county for use in his/her chambers.

         Since the value of the gift exceeds $100.00 it should be reported in accordance with section 100.6 of the Rules.