Opinion 14-70

July 25, 2014

PERSONAL AND CONFIDENTIAL

Dear :

         This responds to your inquiry (14-70) asking whether you may continue as a member of the advisory board of a hospital and as a member of the Rotary Club.

         It is ethically permissible for a judge to be a member of the board of a not-for-profit organization, subject to certain restrictions. A judge’s name may be preceded by “Hon.” or official “judicial designation” on the organization’s letterhead provided other members are similarly designated.¹ A judge may also sign non-fund raising correspondence in his/her organizational capacity, but may not use his/her judicial title.

         Regarding membership in the Rotary Club, the focus of which is fund-raising, a judge may assist in planning fund-raising and may participate in the management and investment of the organization’s funds but must not personally participate in the solicitation of funds or other fund-raising activities (see 22 NYCRR 100.4[C][3][b][I]; [iv]).

         Enclosed, for your convenience, are Opinions 04-09; 01-109; 01-72; 99-109; and 94-78 which address this issue.

                                       Very truly yours,

George D. Marlow, Assoc. Justice

Appellate Division, First Dept. (Ret.)

Committee Chair

Encls.

______________________

     ¹It appears from your inquiry you have assumed you may not list your judicial title on the organization’s letterhead.