Digest:  A judge may not accept a prize from a merchandiser if acceptance of the prize allows a commercial enterprise to use the judge's name, voice, likeness or photograph to further the private interests of the commercial enterprise.
 

Rules:  22 NYCRR 100.2(C);
            Matter of Wolfgang (Com. on Judicial Conduct,
            November 19, 1987, Annual Report 1988).
 
 

Opinion:

            The question posed by the inquirer is whether a judge may accept a prize from a merchandiser arising out of a contest open to all members of the public when acceptance of the prize allows the merchandiser to use the name, voice, likeness and photograph of the winner in promotions, publicity and advertisements on behalf of the company.

            The Rules Governing Judicial Conduct prohibit a judge from lending "...the prestige of judicial office to further the private interests of the judge or others." 22 NYCRR 100.2(C). The New York State Commission on Judicial Conduct has admonished a Supreme Court Justice for, among other things, allowing her name, judicial title and photographic likeness be used in an exhibit promoting commercial interests. Matter of Wolfgang, (Com. on Jud. Conduct, November 19, 1987). According to the Commission, the strictures apply even if the judge does not have a personal or financial stake in the commercial venture. Matter of Wolfgang.

            It is therefore the opinion of the Committee that a judge may not accept a prize from a merchandiser if acceptance of the prize allows a commercial enterprise to use the judge's name, voice, likeness or photograph to further the private interests of the commercial enterprise.