Opinion 96-78

June 13, 1996

Digest:         A judge may not allow his/her name to be listed on the letterhead of a bar association committee letter where the sole purpose of the committee and the letter is the active solicitation of contributions for a memorial scholarship fund.

Rules:          22 NYCRR 100.4 (C)(3)(b)(iv)

Opinion:

         A judge inquires whether he/she may allow his/her name, along with the names of several lawyers and others to be listed on the letterhead of a letter soliciting contributions to a bar association scholarship fund created in memory of a prominent lawyer.

         The Rules Governing Judicial Conduct allow a judge to be listed as an officer, director or trustee on an educational, religious, charitable, cultural, fraternal or civic organization’s letterhead which may be used for fund raising in certain circumstances. 22 NYCRR 100.4 ( C)(3)(b)(iv). However, the inquiry makes it clear that the proposed letter would be from an ad hoc committee, which was created solely for the purpose of actively soliciting contributions for the particular scholarship fund.

         It is therefore the opinion of the Committee that it would be improper for a judge to allow his/her name to be listed on this letterhead under these circumstances.