May 9, 1988
Topic: Propriety of a judge attending Boy Scout dinner at which judge will receive an award as “Man of the Year.”
Digest: A judge may attend the dimer and accept the award provided the dinner is not a fund-raising event.
Rules: 22 NYCRR 100.5(b)
A judge inquires whether he may properly attend a dinner sponsored by the Boy Scout organization and accept an award at the dinner.
Section 100.5(b) of the Rules of the Chief Administrator of the Courts states that: “A judge may participate in civic and charitable activities that do not reflect adversely upon impartiality.” Section 100.5(b)(2) provides that no judge shall solicit funds for any educational organization or permit the use of the prestige of that office for fund-raising purposes.
The judge may attend the dinner and accept the award provided that the dinner is not a fund-raising event and the tickets for the dinner are priced so as to substantially cover only the cost of the dinner. If the dinner is designed as a fund-raising event, then the judge may attend the dinner, but may not accept the award at the dinner.
This opinion is advisory only and is not binding upon the Commission on Judicial Conduct or the Office of Court Administration.