August 30, 2018
This responds to your inquiry (18-98) asking if you must take further action after withdrawing as a keynote speaker, and after objecting orally and in writing to the use of your name and photograph on the event flyer that, unknown to you, was a church fund-raiser. When you agreed to participate, you were unaware the event would be a fund-raiser. It was later cancelled.
The Committee has previously advised a judge must not lend judicial office prestige to advance private interests of the judge or others (see 22 NYCRR 100.2[C]). We have advised no further action is necessary for a judge who objected orally and in writing to the appearance of his/her name in a letter soliciting funds for a charity (see Opinion 17-78).
Enclosed, for your convenience, is Opinion 17-78 for your review, which addresses this issue.
Very truly yours,
George D. Marlow, Assoc Justice
Appellate Div., First Dept. (Ret)
Hon. Margaret T. Walsh
Family Court Judge
Acting Justice, Supreme Court