Opinion 25-83

June 26, 2025

Digest:  A family court judge may contribute to a charitable organization designated by the surviving family of an Administration for Children’s Services court liaison officer who recently passed away.  The judge may solicit donations from other judges over whom he/she has no supervisory authority, but not from court employees.

Rules:   22 NYCRR 100.2; 100.2(A); 100.4(A)(1)-(3); 100.4(C)(3)(b)(i), (iv); Opinions 25-66; 24-152; 23-75; 20-190; 20-132; 18-53; 17-15; 15-171; 04-140; 03-103.

Opinion:

          A family court judge asks if he/she may honor a former Administration for Children’s Services court liaison officer who recently passed away by making a contribution in the officer’s name to a charitable organization designated by the officer’s surviving family.  The deceased court liaison officer regularly appeared in the judge’s courtroom.  The judge also asks if he/she may solicit other family court judges to “pool” a donation.

          A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and must always act in a manner that promotes public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]).  A judge’s extra-judicial activities must be compatible with judicial office and must not cast reasonable doubt on the judge’s capacity to act impartially as a judge, detract from the dignity of judicial office or interfere with proper performance of judicial duties (see 22 NYCRR 100.4[A][1]-[3]).  A judge must neither “personally participate in the solicitation of funds or other fund-raising activities” (22 NYCRR 100.4[C][3][b][i]) nor “use or permit the use of the prestige of judicial office for fund-raising” (22 NYCRR 100.4[C][3][b][iv]).

          Generally, judges may make charitable contributions to a wide variety of not-for-profit organizations (see e.g. Opinions 20-190 [“adoption” of a needy family]; 20-132 [public monument honoring a federal judge]; 04-140 [non-profit legal services organization that regularly appears in court]).  Indeed, we have advised that a judge may contribute to a fund established on behalf of an injured Legal Aid attorney, even if that attorney regularly appeared in the judge's court (see Opinion 03-103).  We have also said a judge may honor a decedent by making a charitable donation (see Opinion 23-75) or sending a sympathy card to their family (see Opinion 17-15).

          We thus conclude that the inquiring judge may donate to a charity designated by the surviving family of the ACS court liaison officer.

          Historically, we have “interpreted section 100.4(C)(3)(b)(i) strictly, to forbid personal solicitation from any person” (Opinion 15-171).  In the past decade, however, we have carved out “two very narrow exceptions” (Opinion 25-66).  As relevant here, we advised that a judge may solicit charitable contributions from “fellow judges who are not subject to their supervision or appellate authority” (id.; see also e.g. Opinions 24-152; 20-132; 18-53).  

          We conclude that the judge may solicit other family court judges to “pool” a charitable donation, but must not solicit or collect funds from any judge over whom he/she may have supervisory authority or from any non-judges, including court employees.