Opinion 96-148

January 23, 1997

Digest:         A judge may serve as a Deputy Grand Marshal at a St. Patrick’s Day Parade, and provided the judge’s name is not used in connection with any fund-raising activities, may also attend the fund-raising dinner held in conjunction with the parade.

Rules:          22 NYCRR 100.4(C)(3)(b)(i)(ii); Opinion 91-99 (Vol. VIII); 91-55 (Vol. VII).

Opinion:

         A judge inquires whether he/she may act as a Deputy Grand Marshal at a St. Patrick’s Day Parade. In addition to the parade, a dinner is held which raises money to cover the cost of the parade, at which the parade marshals are present for photographs and announcements.

         Based upon the information supplied by the inquiring judge, it appears that the parade is a community event, not a fund-raising event. There is no ethical prohibition to participating in the parade (see, Opinion 91-55, Vol. VII). The dinner, however, is a fund-raiser intended to cover the costs of the parade. Pursuant to Section 100.4 (C)(3)(b)(i) of the Rules Governing Judicial Conduct, judges may not participate in fund-raising activities; and pursuant to section 100.4 (C)(3)(b)(ii), a judge may not be a speaker or guest of honor at an organization’s fund-raising event, but may attend such event. Accordingly, the judge may attend the dinner provided the judge’s name is not used in connection with any fundraising activities related to the event (see, Opinion 91-99, (Vol. VIII)). As long as neither the photographs nor the announcements will be used by the organization for fund-raising purposes, the inquiring judge may also participate in those activities.