Opinion 96-59

June 13, 1996

Digest:         A town justice may serve as a bartender at a library-sponsored cocktail party and may cook at the library fair, but may not serve as a cashier at either event.

Rules:          22 NYCRR 100.4(C)(3)

Opinion:

         A town justice who also serves as a Trustee of a not-for-profit local library, requests an opinion as to whether he/she may serve as a bartender at an annual library-sponsored cocktail party and may cook and act as a cashier at a food booth at the library fair.

         A judge may be an active member and serve as an officer, director, trustee or non-legal advisor of a not-for-profit educational, religious or civic organization and may attend fund-raising events sponsored by such organizations, subject to the limitations listed in the Rules Governing Judicial Conduct. 22 NYCRR 100.4(C)(3).

         Among those limitations is the prohibition against personally participating in the solicitation of funds or other fund-raising activities and using or permitting the use of the prestige of judicial office for fundraising. 22 NYCRR 100.4(C)(3)(b).

         It is the opinion of the Committee that the inquirer may serve as a bartender at the library-sponsored cocktail party and may cook at the library fair, but may not serve as a cashier at either event.