Opinion 96-121

December 12,1996

Digest:         A judge may serve as a director of a not-for-profit organization which provides toys and clothing to needy children at Christmas time and may assist in the planning and production f the organization's fund-raising television broadcast, but may not personally solicit funds, appear on camera during the broadcast nor be identified publicly as assisting in the fund-raising effort.

Rules:          22 NYCRR 100.4(C)(3)(b)(i)(iv); Matter of Wolfgang (N.Y. Com. Jud. Cond., Nov. 1988); Matter of Turner, (N.Y. Com. Jud. Cond., March 1988).

Opinion:

         A judge inquires about the propriety of participating as a director of a not-for-profit organization which provides toys and clothing to needy children at Christmas time. The judge would also be involved m the production of a television broadcast raising funds for and acknowledging contributions to the organization.

         A judge may serve as a director of the not-for-profit organization but may not be personally involved in the solicitation of funds. (22 NYCRR 100.4[C][3][b][i][iv]). Therefore, in the view of the Committee, the inquiring judge may pack the toys and give them out to other volunteers prior to the Christmas distribution and may participate "behind the scenes" in the planning and production of the television broadcast where there is no personal participation by the judge in the actual fund-raising solicitation. The judge, however, may not appear on camera, and may not otherwise be identified publicly as assisting in the fund-raising effort. See Matter of Wolfgang (N.Y. Corn. Jud. Cond., November, 1988), Matter of Turner (N.Y. Com Jud. Cond., March 1988).