Opinion 23-136
December 14, 2023
Digest: A judge may not initiate a drive to collect toys or dental hygiene products on behalf of non-profit, charitable organizations within a courtroom or courthouse, and may not partner with bar associations to initiate such drives.
A judge may solicit charitable donations of toys or dental supplies from other judges over whom he/she does not have any supervisory or appellate authority.
Rules: 22 NYCRR 100.2; 100.2(A); 100.4(A)(1)-(3); 100.4(C)(3)(b)(i), (iv); Opinions 18-53; 16-153; 14-153; 14-127; 14-08; 10-22; 06-117; 96-121; 94-58.
Opinions:
Before assuming the bench, the inquiring full-time judge participated in charitable drives to collect toys or dental hygiene products for children in need. The judge would like to continue these activities, and thus asks if he/she may (1) initiate a building-wide charitable drive at the judge’s courthouse to collect toys or dental supplies; (2) partner with bar associations to conduct such charitable drives; and/or (3) hold a more limited charitable drive to collect toys or dental supplies from colleagues and administration.[1]
A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and must always act in a manner that promotes public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]). A judge may participate in extra-judicial activities that do not cast reasonable doubt on the judge’s ability to act impartially as a judge; do not detract from the dignity of judicial office; and do not interfere with the proper performance of judicial duties and are not incompatible with judicial office (see 22 NYCRR 100.4[A][1]-[3]). Although a judge may “assist” a not-for-profit civic or charitable organization in “planning fund-raising,” the judge may not “personally participate in the solicitation of funds or other fund-raising activities” (22 NYCRR 100.4[C][3][b][i]). Nor may the judge “use or permit the use of the prestige of judicial office for fund-raising or membership solicitation” (22 NYCRR 100.4[C][3][b][iv]).
“[T]he ban on personally soliciting funds and fund-raising activities also ‘includes soliciting non-cash or in-kind donations’” (see Opinion 14-153 [citation omitted]). We have advised that a judge may not permit a bar association to place collection bins for a charitable clothing drive within a courtroom (see id.). As we emphasized, “‘any involvement that would be seen by the public as fund-raising by the court system itself is also prohibited,’ and thus ‘the rules barring fund-raising apply not only to judges, but also to courts and court entities, and to fund-raising on court property’” (see id.; quoting Opinion 06-117 [internal brackets omitted]; see also Opinion 94-58 [judge may not establish a public clothing solicitation drive for the poor and homeless in the name of the court, nor may the judge permit the clerk of the court to do so]).
Where, as here, private entities cannot place collection bins within a courthouse “without the permission of the judge and/or court administrators,” we see no way to avoid the public’s perception of a judicial imprimatur on a charitable drive that takes place on the premises (see Opinions 14-153 [implicitly distinguishing between a courthouse and a “multi-use building”]; 94-58 [no clothing drive in the name of the court]; 14-127 [judge may not “solicit publishers or booksellers” or “hold a drive to collect books” for use as a sentencing tool]; 06-117 [judge may not allow Historical Society to fundraise in courthouse]).
Accordingly, we conclude the inquiring judge may not initiate a charitable drive to collect toys or dental supplies within the courthouse. For similar reasons, the judge may not partner with bar associations to initiate charitable drives within the courthouse.
We note the judge may still assist charitable organizations in “planning fund-raising” and thus may act in a general support role which is not prominent and does not involve personal solicitation (see Opinions 14-08 [judge may not answer calls in a public radio station’s on-air phone bank, but may assist with “certain behind-the-scenes activities” such as “placing labels on forms and inputting data into the computer”]; 10-22 [judge may participate in “general setup, food preparation, food service, and cleanup,” during a fire department’s annual fund-raiser]; 96-121 [judge may “assist in the planning and production” of a charitable fund-raising television broadcast, but “may not personally solicit funds, appear on camera during the broadcast nor be identified publicly as assisting in the fund-raising effort”]).
Alternatively, the judge asks if he/she may collect toys or dental supplies from colleagues. We have previously considered whether a judge may personally solicit charitable donations from other judges. On this issue, we concluded the prohibition does not apply to judicial colleagues over whom he/she does not have any supervisory or appellate authority (see Opinions 18-53 [judge may solicit funds from “other co-equal judges over whom he/she has no supervisory authority” at a magistrates’ association training program to purchase commemorative plaques for display at court facilities, but not from court clerks or other non-judge attendees]; 16-153 [judge may solicit other judges for the judge’s minor child’s fundraiser]).
Accordingly, the inquiring judge may solicit charitable donations of toys or dental supplies from other judges over whom he/she does not have supervisory or appellate authority. This does not include solicitation from nonjudicial court employees or court administrators who are not judges.
[1] Given the judge’s location, we understand that the judge’s courthouse is not merely a multi-use building with some space that is used as a courtroom, but is instead a more traditional courthouse.