October 7, 2013
This responds to your inquiry (13-109) asking whether it is ethically permissible for you to serve on the board of directors of a not-for-profit organization founded to raise money for scholarships and to purchase certain items for law enforcement purposes in honor of a deceased relative.
It is ethically permissible for a judge to serve on the board of directors for a not-for-profit organization subject to the limitations set forth in 22 NYCRR 100.4(C). In particular, while you may participate in planning fund-raising activities and may also participate in the management and investment of funds, you may not be engaged in the direct solicitation of funds nor may you allow the use of the prestige of judicial office for fund-raising or membership solicitation (see 22 NYCRR 100.4[C][b][i], [iv]).
Enclosed, for your convenience, are Opinions 09-170 and 05-661 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)
1 The inquirer in 05-66 was a full time judge and, therefore, precluded from giving legal advice. However, as you are a part-time lawyer/justice, you may give legal advice.