Opinion 25-191

December 18, 2025

Digest:  A full-time judge may be a member of his/her church’s Outreach Team which organizes cultural and religious programs and invites community members to attend, provided that these programs are not fund-raisers and that the judge does not personally engage in fund-raising nor solicit people to become members of the church.

Rules:   22 NYCRR 100.2; 100.2(A); 100.4(C)(3); 100.4(C)(3)(b)(i), (iv); Opinions 23-230; 23-140; 18-151; 16-17; 15-92(A); 15-79; 10-137; 03-129.

Opinion:

          A full-time judge asks if he/she may serve on the “Outreach Team” for his/her church.  The Outreach Team helps plan cultural and religious events and invites community members to participate in such programs via social media and by placing articles and advertisements in various publications.  Literature about the church is distributed at such events, but the Outreach Team “does not solicit people to become members,” as a separate membership committee takes responsibility for soliciting members and “exploring whether people want to join” the church. 

          A judge must always avoid even the appearance of impropriety and act in a manner that promotes public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2; 100.2[A]).  A judge may be a member or serve as an officer, director, trustee, or non-legal advisor of a not-for-profit religious organization, subject to certain limitations (see 22 NYCRR 100.4[C][3]).  For example, a judge may assist in planning fund-raising, but may neither “personally participate in the solicitation of funds” nor “use or permit the use of the prestige of judicial office for fund-raising or membership solicitation” (22 NYCRR 100.4[C][3][b][i], [iv]).

          We have previously advised that “a judge may participate in a wide variety of religious activities, including evangelism and other public outreach, subject to certain limitations” (Opinion 15-79 [emphasis added]).  One significant limitation is the prohibition on personal solicitation of funds; judges must not, for example, “(a) send out solicitation letters for [an] organization; (b) post announcements about the organization’s fund-raising activities or initiatives on social media; (c) post a link to a page that solicits donations; (d) sell raffle tickets; (e) stand at the door of a fund-raising event and collect tickets” (Opinion 23-140).  Thus, for example, we said a judge may promote a non-fund-raising retreat but must not promote fund-raising activities or otherwise solicit funds (see Opinion 16-17).  Likewise, a judge may publicly participate and lead a prayer at a non-fund-raising National Day of Prayer event, and be identified as a judge, notwithstanding the radio broadcast of the event (see Opinion 15-79); may serve as master of ceremonies at a non-fund-raising breakfast held by a religious organization (see Opinion 03-129); and may serve as an officer of a religious institution, preach and make administrative announcements, but may not solicit tithes or contributions (see Opinion 15-92[A]).

          A second significant limitation is the prohibition on solicitation of membership for an organization (see 22 NYCRR 100.4[C][3][b][iv]).  We have said a judge must not volunteer at an exhibit booth for a not-for-profit organization, where recruitment is “a significant purpose of the booth” (Opinion 23-230).  Indeed, we advised that a judge may not chair the membership committee of a volunteer fire department (see Opinion 18-151) nor accept the position of Vice-President of Membership in a youth organization’s regional council, where the position would make the judge responsible for increasing the organization’s membership (see Opinion 10-137).

          Here, we conclude that planning cultural and religious events and inviting members of the community to attend is permissible, assuming these events are not fund-raisers.  In our view, the fact that the Outreach Team may provide information about the church at such events does not, without more, rise to the level of prohibited membership solicitation.  On the facts provided, it appears that the judge would not in fact be asking individuals to join the church.  The judge may, therefore, join the Outreach Team but must refrain from personal participation in fund-raising or solicitation of membership.