June 19, 2007
This responds to your inquiry (07-80) asking whether your actions, in directing a not-for-profit organization that used your name on an invitation to a fund-raising event to stop doing so and to send a retraction, are sufficient under the circumstances.
The Rules Governing Judicial Conduct prohibit a judge from “personally participat[ing] in the solicitation of funds or fund-raising activities,” or using “the prestige of judicial office for fund-raising or membership solicitation.” 22 NYCRR 100.4(C)(3)(i) and (iv). Here, you did not intend your name be used for these purposes, and, in fact, objected, in writing, to its misuse when you learned of it. In the enclosed Opinion 03-92, this Committee concluded that a judge whose photograph was used in a fund-raising brochure without permission had taken enough action by sending a written objection to the charity. Your actions here are similarly sufficient and appropriate.