Opinion 25-66

May 15, 2025

Digest:  A judge may not solicit advertisements in a magistrates association’s magazine from individuals who are neither family members nor other judges.

Rules:   22 NYCRR 100.2; 100.2(A); 100.4(C)(3)(b)(i), (iv); Opinions 24-121; 22-15(B); 18-53; 16-153; 15-171.

Opinion:

          The inquiring part-time judge is an officer or director of a magistrates association that publishes a quarterly magazine for judges.  The judge asks whether it is ethically permissible to “solicit advertisers to advertise in” the magazine.

          A judge must always avoid even the appearance of impropriety and act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2; 100.2[A]).  A judge may neither personally participate in fund-raising activities nor permit the use of judicial prestige for fund-raising (22 NYCRR 100.4[C][3][b][i], [iv]).

          We have carved out two very narrow exceptions to the strict prohibition on personal solicitation in situations where “there is a clear and powerful motive for the giver that the public will readily recognize as completely independent of the judge’s judicial status” (Opinion 15-171).  Specifically, we have said judges may solicit funds for charitable purposes from family members within the sixth degree of relationship, provided they do not reference their judicial title or status (see Opinion 22-15[B]), or from fellow judges who are not subject to their supervision or appellate authority (see Opinion 24-121).  In such circumstances we have found little risk of an appearance of coercion (see e.g. Opinions 18-53; 16-153; 15-171).

          There is, however, no exception permitting a judge to raise funds for a judicial association by soliciting individuals or entities to purchase advertisements in the association’s quarterly magazine.  The inquiring judge may solicit money for advertisements only from family members or from other judges consistent with prior opinions.  The judge may not otherwise solicit any other potential advertisers.