Opinion 26-91

May 7, 2026

Facts/Issue:    A judge who sings in a community choir asks if he/she may participate in its annual concert.  The judge says the concert’s primary purpose is to provide free music to the community.  To that end, there is no admission fee, and the choir members cover all expenses, “including music and venue.”  However, the choir also permits a not-for-profit organization to place donation baskets in the venue for those who wish to contribute.  The choir’s director will permit the non-profit to address the audience briefly, and posters also mention the selected non-profit.  The judge will have no involvement in any aspect of this process.

Discussion:     In general, a judge may perform at musical or theatrical events that are not fund-raisers.  Determination of whether an event is a fund-raiser involves a fact-specific consideration of all relevant circumstances, including the organizer’s stated intentions and the overall context of the event. 

                      In our view, the event as described is primarily a community concert, and any fund-raising aspects are both optional and ancillary to the event.  Nor will the judge be associated with any such activities.

Conclusion:     Where the primary purpose of a community choir’s annual concert is to provide free music to the community, and not to solicit charitable donations, a judge may participate in the concert notwithstanding that a not-for-profit organization will be permitted to place donation baskets at the venue and briefly address the audience.

Authorities:    Opinions 25-95; 25-41; 24-91; 23-240; 89-83/89-84.