Digest: A judge may serve as chairperson of a steering committee formed for the development and construction of a YMCA building where such services would not involve any fund-raising activities and would not interfere with the performance of judicial duties.
 

Rule:  22 NYCRR 100.4(C)(3)(b)(i);
           Opinions 95-71 (Vol. XIII); 88-13 (Vol. I).
 
 

Opinion:

            A judge inquires whether it is permissible to serve as chairperson of a steering committee formed for the development and construction of a YMCA building. The judge indicates that the committee would name a separate chairperson for fund-raising; a second letterhead would be created for fund-raising; and the judge would not be expected to speak on any issue involving fund-raising.

            Section 100.4(C)(3)(b)(i) of the Rules Governing Judicial Conduct provides, in part that a judge "may assist [various kinds of not-for-profit organizations] in planning fund-raising and may participate in the management and investment of the organization's funds, but shall not personally participate in the solicitation of funds or other fund-raising activities."

            Since it appears that the inquirer will not, in any manner, be associated with any fund-raising activities, there is no ethical barrier to the judge's service as described, provided, of course, that such service will not interfere with the performance of judicial duties. See Opinions 95-71 (Vol. XIII); 88-13 (Vol. I).