Digest:    A judge may be the honoree at the annual fund-raising dinner of a Lesbian and Gay Law Association, but may not personally participate in the solicitation of funds or other fund-raising activities.
 

Rules:    22 NYCRR 100.4(C)(3)(b)(i),(ii)
              Opinions 94-48(Vol. XII),
              89-39(Vol. III).
 
 
 

Opinion:

            A judge inquires whether he/she may accept a public-service award from a Lesbian and Gay Law Association at its anniversary celebration dinner dance, which, the judge advises, is a fund-raising event.

            Section 100.4(C)(3)(b)(ii) of the Rules Governing Judicial Conduct provides that a judge

... may not be a speaker or the guest of honor
at an organization's fund-raising events, but the
judge may attend such events. Nothing in this
subparagraph shall prohibit a judge from being
a speaker or guest of honor at a bar association
or law school function or from accepting at another
organization's fund-raising event an unadvertised
award ancillary to such event.

        The inquiring judge has advised that the organization is the recognized bar association of gay and lesbian attorneys in the community. It therefore follows that the exception contained in section 100.4(C)(3)(b)(ii) is applicable and the judge may accept the award and speak. See also, Opinions 94-48 (Vol XII) & 89-39(Vol. III). The judge may not, however, personally participate in the solicitation of funds or other fund-raising activities. 22 NYCRR 100.4(C)(3)(b)(i).