March 28, 2011
This responds to your inquiry (10-205) asking whether you may participate in a bar association’s auction in which the auction prizes would include playing golf, attending sporting events or having dinner, each activity with you or other judges.
A judge may not lend the prestige of judicial office to advance the private interests of him/herself or others. Nor may a judge personally participate in the solicitation of funds or other fund-raising activities (see 22 NYCRR 100.2[C]; 100.4[C][b][I]). Accordingly, you may not participate in the bar association’s auction in the manner you have described. Enclosed, for your convenience, is Opinion 99-45 which addresses this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)