July 25, 2014
PERSONAL AND CONFIDENTIAL
This responds to your inquiry (14-70) asking whether you may continue as a member of the advisory board of a hospital and as a member of the Rotary Club.
It is ethically permissible for a judge to be a member of the board of a not-for-profit organization, subject to certain restrictions. A judge’s name may be preceded by “Hon.” or official “judicial designation” on the organization’s letterhead provided other members are similarly designated.1 A judge may also sign non-fund raising correspondence in his/her organizational capacity, but may not use his/her judicial title.
Regarding membership in the Rotary Club, the focus of which is fund-raising, a judge may assist in planning fund-raising and may participate in the management and investment of the organization’s funds but must not personally participate in the solicitation of funds or other fund-raising activities (see 22 NYCRR 100.4[C][b][I]; [iv]).
Enclosed, for your convenience, are Opinions 04-09; 01-109; 01-72; 99-109; and 94-78 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)
1It appears from your inquiry you have assumed you may not list your judicial title on the organization’s letterhead.