October 19, 2006
This is in response to your inquiry (06-133) in which you ask whether, as chair of the board of a not-for-profit agency that provides health care services to people with [ ], you may sign applications on behalf of the agency for state and federal funding grants.
Section 100.4(C)(3)(b)(iii) of the Rules Governing Judicial Conduct allows a judge to “make recommendations to public and private fund-raising organizations on projects and programs concerning the law, the legal system or the administration of justice.” 22 NYCRR 100.4(C)(3)(b)(iii). This provision is an exception to the prohibition on personal participation in soliciting funds or other fund-raising activities. 22 NYCRR 100.4(C)(3)(b)(i).
In this instance, however, the mission of providing health care services to people with [ ] is not one that involves the law, the legal system or the administration of justice.
Accordingly, you are not permitted to sign the agency’s applications for funding grants from the state or federal governments.