Opinion 23-213

February 1, 2024

Facts/Issue:    A judge asks if it is ethically permissible to serve on the board of a not-for-profit organization that maintains a local park and provides educational and cultural programming for the community.  The organization has no apparent involvement in litigation or controversial activities.  Board members do not participate in soliciting funds, but “are encouraged to purchase tickets” to the organization’s fund-raising events.

Discussion:     Under similar circumstances, we have said a judge may serve on the board of directors of a local not-for-profit park development corporation, provided the judge does not personally participate in fund-raising or membership solicitation.  Although a judge may not be “a speaker or the guest of honor” at such an organization’s events, “the judge may attend such events” (22 NYCRR 100.4[C][b][ii]) and may otherwise make charitable contributions to it.

Conclusion:     A judge may serve on the board of a not-for-profit organization dedicated to maintaining a local park and providing educational and cultural programs for the community. 

Authorities:    Opinions 21-109; 15-15; 04-140; 01-63.