October 13, 2009
This responds to your inquiry (09-151) asking whether you may participate in a job fair as a representative of a not-for-profit organization in order to encourage members of the lesbian, gay, bisexual and transgender community to take an upcoming exam for the position of court officer and to provide information about the test.
It is ethically permissible for you to participate in an not-for-profit educational, religious, charitable, cultural, fraternal or civic organization (see 22 NYCRR 100.4[C]). In addition, you may be a member or serve as an officer, director, trustee or non-legal advisor of an organization “devoted to the improvement of the law, the legal system or the administration of justice” (id.). The activity you describe is appropriate as it is specifically designed to encourage certain members of the community to actively pursue careers involving the administration of justice and, as a result, promote diversity in the court system. Enclosed, for your convenience, is Opinion 07-170, which addresses this issue.
Very truly yours,
George D. Marlow
Justice of the Supreme Court (Ret.)