Opinion 26-63

May 7, 2026

Digest:  A judge may participate in a bar association’s annual sporting event that raises money for charity, including to support organizations that assist vulnerable children and families and victims of domestic violence and otherwise support access to justice.  As the event is a fund-raiser, the judge may only solicit participation and/or sponsorships from family members and from judges over whom he/she has no supervisory or appellate authority.

Rules:   22 NYCRR 100.2; 100.2(A); 100.4(C)(3)(b)(i), (iv); Opinions 24-121; 23-58; 22-161; 21-180; 15-223; 15-222; 15-26/15-44; 04-140.

Opinion:

          A full-time city court judge asks if it is ethically permissible to participate in a bar association’s annual Law Day 5K sporting event, which is designed to “raise money to support organizations that, according to its advertisement, ‘support access to justice and assist victims of domestic violence.’”  A flyer indicates the money will “support local organizations that serve our most vulnerable populations of children and families and victims of domestic violence.”

          A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and must act to promote public confidence in the judiciary’s integrity and impartiality (see, 22 NYCRR 100.2[A].  A judge may not “personally participate in the solicitation of funds or other fundraising activities” (22 NYCRR 100.4[C][3][b][i]) and may not “use or permit the use of the prestige of judicial office for fund-raising or membership solicitation” (22 NYCRR 100.4[C][3][b][iv]).

          Judges generally may participate in bar association-sponsored fund-raisers (see e.g. Opinions 24-121; 23-58; 22-161) and otherwise make donations to charity (see e.g. Opinions 21-180; 15-223; 15-222; 15-26/15-44; 04-140).  In Opinion 24-121, we concluded that:

[A] judge may participate in [a bar association’s charitable sporting] event, may organize teams of colleagues who have already registered and chosen to participate, and may even solicit participation and contributions from other judges over whom the judge has no supervisory or appellate authority, but may not solicit participation or contributions, directly or indirectly, from others.

We see no reason to depart from these principles here.  The fact that the donations raised by this sporting event will support local organizations that serve vulnerable populations and victims of domestic violence does not change the result, given that a judge may attend an annual fund-raising event for a not-for-profit organization that provides services and support to victims of domestic abuse and child abuse (see e.g. Opinion 15-26/15-44) and may make charitable donations even to entities that appear before him/her (see e.g. Opinions 15-223; 04-140).

          Accordingly, the inquiring judge may participate in the bar association’s annual Law Day 5K sporting event and may solicit participation and contributions from family members and from judges over whom he/she has no supervisory or appellate authority, but may not solicit participation or contributions, directly or indirectly, from others.