This page is intended as a starting point for research on the above-referenced topics and to help judges decide when they should seek more tailored guidance from the Committee on their own specific circumstances. (Recent opinions on other fund-raising topics may be found in the Subject-Matter Index.)
Last updated: 9/9/2025
Important Note: All comments reflect staff counsel's understanding and analysis of selected opinions, and do not necessarily reflect the Advisory Committee’s views as expressed in its full, published opinions.
Only a written opinion from the Advisory Committee on Judicial Ethics can provide the statutory protection of Judiciary Law § 212(2)(l)(iv).
General Principles
Staff commentary: The Committee does not distinguish between in-kind and monetary solicitations for purposes of the 22 NYCRR 100.4(C)(3)(b) restrictions on a judge's participations in fund-raising. Thus, a judge may not coordinate or promote an in-kind charitable drive, although the judge may make contributions to the drive.
- Opinion 89-128 A judge may not coordinate a charity drive to collect food for the homeless.
- Opinion 16-17 A judge who maintains a leadership role in a religious organization may not promote fund-raising activities or otherwise personally participate in soliciting funds or goods for charity, but may promote a non-fund-raising weekend retreat. ...
- Opinion 17-55 A judge may not directly or indirectly solicit property owners, car rental agencies, or food merchants on behalf of the Red Cross. However, the judge may use his/her skills as a logistics expert to plan and to manage supplies or donations as they are received and may also purchase items for disaster relief with a donated debit card, provided the judge does not solicit such a card. These principles apply without geographic limitation.
- Opinion 10-157 A judge may assist an organization in planning fund-raising and may participate in the management and investment of an organization’s funds, but is prohibited from personally participating in the solicitation of funds or other fund-raising activities. Therefore, you may not distribute flyers at the local grocery store asking customers to donate food items, or collect donations of either food or cash. However, you may assist the organization by packing food donations and loading them into a truck for storage prior to distribution to needy families. Also, you may deliver food baskets to needy families and drive your personal vehicle bearing judicial license plates when doing so. Finally, you may participate in the organization’s lunch for needy families by serving food to guests even though the local media will cover the event and publish pictures of the participants.
- Opinion 18-05 (1) A judge must not chair a Red Cross blood drive or solicit blood donors. (2) A judge and his/her co-judge may make a charitable contribution to their house of worship by purchasing an advertisement in the weekly bulletin identifying themselves by name and title and signing it “your local magistrates.”
- cf. Opinion 14-08 The Rules Governing Judicial Conduct prohibit a judge from personally participating in the solicitation of funds or engaging in other fund-raising activities on behalf of governmental, civic or charitable organizations. Thus, even though you state that you would not personally solicit funds or suggest donation amounts, you may not continue to participate in the on-air phone bank now that you are a judge and your name cannot be read on air in connection with the fund-raising drive. However, you may continue to participate in certain behind-the-scenes activities which you have described, such as placing labels on forms and inputting data into the computer. The Rules also allow participation in planning fund-raising activities and in the management and investment of the organization’s funds.
- cf. Opinion 92-100 A part-time judge, who is a member of the board of directors of a symphony orchestra, may not participate in a fund drive, by recruiting, instructing and monitoring the activities of other fundraisers.
At the Courthouse or in the Name of the Court
Staff commentary: Additional concerns apply if a proposed fund-raising drive would take place at the courthouse or in the name of the court.
- Opinion 98-35 A judge may not organize a clothing drive to be conducted at the Court, to assist public housing residents in developing business skills.
- Opinion 94-58 A judge may not establish a public clothing solicitation drive for the poor and homeless in the name of the court, nor may the judge permit the clerk of the court to do so.
- Opinion 14-127 This responds to your inquiry asking whether it is ethically permissible for you to conduct a book drive or to solicit publishers or book sellers to donate books for use as a sentencing tool in certain cases. As a condition of parole or probation, you would require a defendant to read a book and provide you with a report about it. The Rules Governing Judicial Conduct prohibit a judge from engaging in the solicitation of funds or in any fund-raising activities. This prohibition includes soliciting non-cash or in-kind donations. Accordingly, it is not permissible for you to solicit publishers or book sellers or to hold a drive to collect books.
- Opinion 23-136 A judge may not initiate a drive to collect toys or dental hygiene products on behalf of non-profit, charitable organizations within a courtroom or courthouse, and may not partner with bar associations to initiate such drives. A judge may solicit charitable donations of toys or dental supplies from other judges over whom he/she does not have any supervisory or appellate authority.
- Opinion 25-36 A judge may not, either individually or in an administrative capacity, solicit donations of stuffed animals and children’s books to be used as gifts for children interacting with the court system.
- Opinion 14-153 A judge may not permit a bar association to place collection bins for a charitable clothing drive within a courtroom. If the court is located inside a multi-use building, the judge may permit the bar association to place such bins in the building’s common area.
- cf. Opinion 20-190 (1) A judge who objected orally and in writing to the appearance of their name in an email soliciting funds for a charitable cause need not take any further action. (2) A judge may contribute their personal funds, either alone or with a co-judge, to sponsor a family in need, and may be identified by name and title in doing so. However, the judge may not make charitable contributions in the name of the court or permit their court staff to do so.
- cf. Opinion 03-137 A judge may not “adopt” a military unit in the name of the court, nor may the judge permit court employees assigned to him/her to do so, where the purpose of such activity is to raise funds for charitable purposes.
- cf. Opinion 25-216 An administrative judge may not organize quarterly community volunteer opportunities for the judiciary and non-judicial
Participatory Fund-Raisers or Fund-Raising Stunts
Staff note: This section addresses some popular fund-raising activities in which participants may not "directly" request funds, but merely advertise their own participation to raise funds.
- Opinion 14-132 A judge must not participate in a not-for-profit charitable organization’s fund-raising challenge, where each participant is required to publicize his/her own participation and publicly solicit other participants. However, a judge may make contributions to the organization, provided that he/she does so without personally soliciting funds or otherwise promoting the fund-raiser. [Staff note: This was the "ice-bucket challenge."]
- Opinion 90-69 A judge may not participate in a fundraiser for the American Cancer Society in a mock “jail and bail” event.
- Opinion 04-96 This is in response to your inquiry in which you ask whether it is permissible to participate in a mock “lockup” sponsored by the Muscular Dystrophy Association, for the purpose of raising funds in support of a charitable endeavor. It is anticipated that each participant would raise “bail money” for the benefit of the Association. Participation in the event would constitute active participation in the solicitation of funds on behalf of a charity and is therefore impermissible under section 100.4(C)(3)(b)(i) of the Rules Governing Judicial Conduct.
- Opinion 20-171 This responds to your inquiry asking ... whether you may participate in a not-for-profit fund-raising drive for cancer research both by donating and by making a temporary change in your personal appearance to solicit donations from family and friends who are not associated with the court. ... While personal donations are permissible, pursuant to the Rules Governing Judicial Conduct a judge “shall not personally participate in the solicitation of funds or other fund-raising activities.” However, we have advised that this rule need not apply to a judge’s own family members. Accordingly, you may not solicit donations from anyone who is not a family member. Finally, there is no ethical prohibition against changing your appearance to raise awareness of the need for cancer research. [Staff note: The awareness campaign involved growing a moustache in November in support of a particular form of cancer research.]
- Opinion 20-203 A judge may not be a “bell ringer” for the Salvation Army’s Red Kettle campaign, which requires standing next to a kettle and ringing a jingle bell at the entrance to a store for individuals to donate money as they walk by, although the judge may make a personal contribution to the charitable organization.