Digest: A judge may not accept an advertised award as outstanding alumnus of the year from the judge's college alumni association's local chapter at its annual scholarship fund-raising dinner.
 

Rule:  22 NYCRR 100.4(C)(3)(b)(ii);
           Opinion 94-16 (Vol. XII).
 
 

Opinion:

            A judge has been selected by the local chapter of the judge's college alumni association as the outstanding alumnus of the year. The award is scheduled to be given to the judge at the association's annual scholarship fund-raising dinner. The cost of a dinner ticket is $65.00 and the judge regards the event as a fund-raiser.

            Section 100.4(C)(3)(b)(ii) of the Rules Governing Judicial Conduct prohibits a judge from being the speaker or guest of honor at an organization's fund raising events. The Rules do, however, allow a judge to be the speaker or guest of honor at an organization's fund-raising event, where the judge is accepting an unadvertised award ancillary to the event. 22 NYCRR 100.4(C)(3)(b)(ii).

            In the instant matter, the inquiring judge is being honored by a college alumni association and the award, which the judge is to receive, is not an unadvertised award ancillary to the event. While, as the judge states in the inquiry, no fund-raising journal is published for the event, it is clear that the event is a fund-raiser for the scholarship fund, even without the journal. Accordingly, since the event is a fund-raiser and neither the sponsoring organization nor the award appear to fit within any exception authorized by the Rules, the inquiring judge may not accept an award at this dinner. Opinion 94-16 (Vol. XII).