November 19, 1992
Digest: A part-time judge, who also is an attorney, may serve on a college committee whose purpose is to establish an endowment fund, provided that neither the judge nor the judge’s name and title is involved in the solicitation of gifts nor in giving investment advice.
Rules: 22 NYCRR 100.5(b)(2) and (3)
A part-time judge inquires whether the judge may serve on a newly-established committee of a private college whose purpose is to establish an endowment fund. The judge will not directly solicit funds nor will the judge’s name be used for such purpose.
Section 100.5(b) of the rules of the Chief Administrator permits a judge “...to serve as an officer, director, trustee or nonlegal advisor of an educational, religious, charitable, fraternal or civic organization,” while subparagraph (2) of that same section prohibits a judge from soliciting donations or funds or permitting his or her name on the committee’s letterhead to be used for solicitation purposes.
Attention is also called to section 100.5(b)(3) of the Rules which states, “A judge shall not give investment advice to such an organization, but he or she may serve on its board of directors or trustees even though it has the responsibility for approving investment decisions.” Accordingly, the judge may serve on the committee subject to the restrictions stated in the rules.