Opinion 25-77

May 15, 2025

Digest:  A judge may be the keynote speaker at a scholarship awards ceremony held by a local chapter of the Muslim Public Affairs Council, a not-for-profit charitable organization, provided that the event is not a fund-raiser.

Rules:   22 NYCRR 100.0(M); 100.2; 100.2(A); 100.3(A); 100.4(A)(1)-(3); 100.4(B); 100.4(C)(3)(b)(i)-(ii), (iv); Opinions 24-84; 23-222; 23-49; 23-32; 20-71; 17-117; 17-12; 15-133; 06-143; 97-19; 91-42.

Opinion:

          The inquiring full-time judge has been invited to be the keynote speaker at an upcoming scholarship awards event sponsored by a local chapter of the Muslim Public Affairs Council.  The entity is organized as a 501(c)(3) not-for-profit charitable organization and was primarily “formed to support the interests of Muslim-Americans and promote the community’s civic engagement, as well as greater understanding and bridge building with other communities.”  The program outline shows there will be brief congratulatory messages from elected officials but “[n]o political speeches are allowed at this event.”  The event’s purpose is presenting awards and scholarships to “recognize and honor young Muslims doing great things for their local communities,” and the judge has been assured it is “not a fundraiser.”  As keynote speaker, the judge would discuss his/her personal journey and try to “encourage public service.”  The program also includes a community update and programmatic announcements, recognition of sponsors, concluding remarks, and a reception.

          A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and must always act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]).  Although a judge may generally speak, write, and otherwise participate in extra-judicial activities (see 22 NYCRR 100.4[B]), judicial duties “take precedence” over all the judge’s other activities (22 NYCRR 100.3[A]).  Thus, any extra-judicial activities must be compatible with judicial office and must not (1) cast reasonable doubt on the judge’s ability to act impartially, (2) detract from the dignity of judicial office, or (3) interfere with proper performance of judicial duties (see 22 NYCRR 100.4[A][1]-[3]).  In addition, a judge “shall not personally participate in the solicitation of funds or other fund-raising activities” (22 NYCRR 100.4[C][3][b][i]), “may not be a speaker or the guest of honor at an organization’s fund-raising events” (22 NYCRR 100.4[C][3][b][ii]), and “shall not use or permit the use of the prestige of judicial office for fund-raising or membership solicitation” (22 NYCRR 100.4[C][3][b][iv]).

          We note initially that the sponsor of the event is not a “political organization” under the rules (see 22 NYCRR 100.0[M]), but rather a not-for-profit charitable organization, seemingly analogous to the Polish American Congress or Irish-Americans in Government in its aims for a particular community of Americans (see Opinions 20-71; 97-19).

          We have previously advised that a judge may serve as the keynote speaker at a non-fund-raising annual awards dinner of a charitable organization (see Opinion 91-42).  Indeed, a judge ordinarily “may be a speaker, guest of honor, or award recipient at a non-fund-raising event of a not-for-profit educational, religious, charitable, cultural, fraternal or civic organization, and may permit the judge’s participation to be advertised in advance” (Opinion 23-222; see also e.g. Opinions 24-84; 17-117; 06-143).  Moreover, the proposed topics appear permissible, as we have said a judge may speak about his/her “background and experience in becoming a judge, so as to encourage others to pursue a legal career” (Opinion 17-12; see also e.g. Opinions 23-49; 23-32; 15-133).

          We see no reason for a different result here.  Accordingly, this judge may be the keynote speaker at a scholarship awards ceremony held by a local chapter of the Muslim Public Affairs Council, provided that the event is not a fund-raiser.