January 30, 1992
Digest: Judges who are members of a judicial association may solicit other judges to join.
Rules: 22 NYCRR §100.4; Proposed Model Code of Judicial Conduct, §4C(3)(b)(iii).
A full-time judge asks whether judges, who are members of a private luncheon club, may solicit other judges to become club members.
Section 4C(3)(b)(iii) of the Proposed Model Code of Judicial Conduct states that judges, “shall not personally participate in membership solicitations if the solicitation might reasonably be perceived as coercive.”
The Code of Judicial Conduct and the Chief Administrato’'s Rules Governing Judicial Conduct do not prohibit solicitation among judges of membership in any appropriate private club, since the activity is not coercive, being limited to judges. Therefore, state judges may send letters to other judges inviting them to become members of a private luncheon club.