April 29, 1999
Digest:
A judge may serve as an honorary committee member for an exhibit co-sponsored
by a municipal historical society and an institute affiliated with a public
college, commemorating the achievement and struggles of an ethnic group,
provided the judge does not engage in fund-raising or permit the use of
the judge's name in support of the solicitation of funds.
Rule:
22 NYCRR 100.4(C)(3); 100.4(C)(3)(b)(i), (ii) and (iii).
Opinion:
A judge has been asked to be an honorary committee member in connection with an exhibit co-sponsored by a public college's affiliate institute and a municipal historical society, commemorating the achievement and struggles of an ethnic group. The judge asks if being designated as an honorary committee member is permissible.
The Rules Governing Judicial Conduct permit a judge to serve as an officer, director, trustee or non-legal advisor of a not-for-profit educational, religious, charitable, cultural, fraternal or civic organization, subject to certain limitations. 22 NYCRR 100.4(C)(3). Prohibited activities include soliciting of funds by the judge, allowing the judge's name to be used in connection with the solicitation of funds for the organization or being the speaker or guest of honor at the organization's fund-raising events. 22 NYCRR 100.4(C)(3)(b)(i), (ii) and (iii).
The intended activities of the institute co-sponsoring this exhibit are clearly those in which a judge would be authorized to participate, as provided for in the Rules. However, the judge is cautioned not to participate in any fund-raising activities on behalf of the organization, including the use of the judge's name in support of any solicitation of funds.