22 NYCRR 100.4(B); 100.4(C)(b)(iv);
Opinions: 88-42 (Vol. II); 88-111 (Vol. II);
89-06 (Vol. III); 92-79 (Vol. IX).
A judge inquires whether it is proper to participate in a presentation of songs from the Gilbert and Sullivan operetta H.M. Pinafore, on behalf of a not-for-profit art appreciation organization. The performance is intended to interest young people in the music of the composers. It is not a fund-raising event.
Section 100.4(B) of the Rules Governing Judicial Conduct provides that "A judge may speak, write, lecture, teach and participate in extra-judicial activities subject to the requirements of this Part" 22 NYCRR 100.4(B). Section 100.4(C)(3)(b)(iv) states, in part, that a judge "shall not use or permit the use of the prestige of judicial office for fund-raising or membership solicitation" on behalf of a not-for-profit organization. 22 NYCRR 100.4(C)(3)(b)(iv).
In applying these Rules, this Committee has advised that a judge may participate in a television game show, act as a narrator in a documentary film and judge a cake-baking contest, provided that none of these events were conducted for the purpose of profit or for the raising of funds for the sponsoring organization. Opinions 89-06 (Vol. III); 88-42 (Vol. II); 88-111 (Vol. II). The Committee has also advised a judge not to appear in a play sponsored by a charitable organization where the purpose was to raise funds. Opinion 92-79 (Vol. IX).
Accordingly, the judge may perform in the event, provided the performance
is not intended as a fund-raising event for the organization.