September 11, 1997
Digest:
A judge may not sell advertising space in a program prepared in connection
with a show produced by the Society for the Preservation and Encouragement
of Barbershop Singing in America.
Rules:
22 NYCRR 100.4(C)(3)(b)(i).
Opinion:
A judge, who is a member of the Society for the Preservation and Encouragement of Barbershop Singing in America, inquires whether it would be permissible to sell advertising space in a program being prepared for the show which this organization intends to produce in October 1997.
Section 100.4(C)(3)(b)(i) of the Rules Governing Judicial Conduct states that a judge, as a member of a cultural organization, "shall not personally participate in the solicitation of funds or other fund-raising activities". The sale of advertising space in a program printed in connection with a musical production falls within the ambit of the fund-raising activities in which a judge may not, according to the Rule, personally participate.