March 16, 1992
Digest: A part-time judge may act as treasurer of a community Independence Day parade and celebration committee provided the judge does not participate in any fundraising activities.
Rule: 22 NYCRR 100.5(a) and (b)(2).
A part-time judge inquires if it is permissible to serve as treasurer of the local Fourth of July Association which sponsors an annual parade and celebration. Although there are fundraising activities incident to the celebration, including the sale of raffle tickets, the judge will not participate in such activities, and will only deposit the receipts and pay the bills.
Section 100.5(a) of the Rules of the Chief Administrator of the Courts, provides:
A judge may write, lecture, teach and speak on nonlegal subjects, and engage in the arts, sports and other social and recreational activities, if such avocational activities do not detract from the dignity of the office or interfere with the performance of judicial duties.
Section 100.S(b)(2) further provides:
No judge shall solicit funds for any educational, religious, charitable, fraternal or civic organization, or use or permit the use of the prestige of the office for that purpose, but may be listed as an officer, director or trustee of such an organization, provided, however, that no such listing shall be used in connection with any solicitation of funds.
Since the judge's responsibility as treasurer is limited to depositing proceeds and paying bills, service as treasurer is permissible. However, the judge may not participate in any capacity in the sale of raffle tickets, the promotion of concessions or other fundraising activity, nor may the judge lend his or her name to such activity.