Opinion: 97-21

March 13, 1997

Digest:  A judge may participate as a member of a charity's Judicial Advisory Board, the purpose of which is to provide guidance on educational programs, but may not participate in the solicitation of funds.

Rule:  22 NYCRR 100.4 (C)(3)(b);


            A judge asks whether participation in the Judicial Advisory Board of a charity is permitted. The function of the Board is to guide the Attorney's Advisory Board of the charity in its selection of educational programs. The Judicial Advisory Board would have no role in fund-raising or the solicitation of funds.

            Participation in the Judicial Advisory Board as described is not prohibited (22 NYCRR 100.4(C)(3)[b]).

            The inquirer also asks whether the Council of the charity of which the Board is a part, may run programs "with participation by members of the judiciary". A portion of the admission price to the programs would be earmarked for a charitable purpose.

            The judges serving on the Advisory Board are prohibited from personally participating in the solicitation of funds, which includes selling tickets to events at which funds for charity are raised. (22 NYCRR 100.4 (C)(3)(b)[i]). There is no prohibition in participating in the planning of such an event nor in attending the event. The rules applicable to a judge's participation in the event are the same regardless of whether the event is open to judges or non-judges.