Opinion 26-25

March 26, 2026

Digest: A support magistrate (1) may serve on the board of a local not-for-profit mental health organization that does not accept court referrals; (2) may donate to and attend the organization’s annual fund-raising gala; (3) may serve on its event-planning committee; (4) may help plan and attend a “Financial Literacy” event, but may not participate in a “Take Back the Night” event; and (5) may serve on the organization’s internal nominating committee to nominate current members for board positions.

Rules:   22 NYCRR 100.2; 100.2(A); 100.4(A)(1)-(3); 100.4(C)(3)(a)(i)-(ii); 100.4(C)(3)(b)(i)-(ii), (iv); 100.6(A); Opinions 25-191; 25-121; 25-117; 25-83; 25-76; 24-122; 24-102; 22-30; 21-136; 20-168; 20-92/20-93; 20-74; 20-14; 19-122; 19-70; 18-147; 17-108; 17-69; 13-123; 07-02; 05-66; 04-140; 04-91.

Opinion:

          The inquiring support magistrate would like to be involved, in various capacities, with a not-for-profit mental health organization that provides individual therapy to children and adults, and “does not provide any services for court cases.”

          An individual who performs judicial functions within the judicial system, such as a support magistrate, must comply with the Rules Governing Judicial Conduct in the performance of such functions and otherwise must “so far as practical and appropriate” use such rules as guides to his/her conduct (see 22 NYCRR 100.6[A]).  As relevant here, 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]).  A judge may engage in extra-judicial activities that are compatible with judicial office and do not cast doubt on the judge’s impartiality, detract from the dignity of judicial office, or interfere with judicial duties (see 22 NYCRR 100.4[A][1]-[3]).  A full-time judge generally may serve on the board of a not-for-profit charitable or civic organization, provided the entity is unlikely to (i) be engaged in “proceedings that ordinarily would come before” him/her or (ii) be engaged regularly in adversary proceedings “in any court” (22 NYCRR 100.4[C][3][a][i]-[ii]).  A judge may neither “personally participate in the solicitation of funds or other fund-raising activities” (22 NYCRR 100.4[C][3][b][i]), nor permit the use of judicial prestige “for fund-raising or membership solicitation” (22 NYCRR 100.4[C][3][b][iv]).  A judge may nonetheless “assist” the organization in “planning fund-raising” and “participate in the management and investment of the organization’s funds” (22 NYCRR 100.4[C][3][a][i]).

1.  Board of Directors

          The support magistrate first asks if he/she may serve on the organization’s board of directors.

          Where consistent with the Rules, “judges may serve as officers, directors, or non-legal advisors of health-related not-for-profit charities to which their court does not make referrals” (see Opinion 19-122 [discussing and distinguishing prior opinions]).  For example, a judge may serve on the board of a not-for-profit organization that “provides services to high-risk individuals and families with behavioral health challenges,” where the organization is unlikely to be involved in litigation and does not accept court referrals or appointments (Opinion 24-102).  Similarly, a judge may serve on the board of a not-for-profit entity in another state which seeks to promote “positive mental health outcomes in our oftentimes overwhelming digital landscape,” through educational school-based initiatives, public awareness campaigns and training for mental health professionals and educators (Opinion 20-14).  We also said “[a] court attorney-referee who handles housing matters may serve on the board of a local not-for-profit charitable organization focused on community health” (Opinion 25-76).  A different result occurs, of course, if the entity is one to which the judge’s court may make direct or indirect referrals (see e.g. Opinions 24-122; 21-136; 07-02).

          Here, the organization does not accept court referrals and nothing in the inquiry suggests it is engaged regularly in adversarial proceedings or any other activities that would be inherently problematic for a full-time judge.  We therefore conclude the support magistrate may serve on the board, subject to generally applicable limitations, including the prohibitions on fund-raising and giving legal advice (see e.g. Opinions 25-191; 20-74).

2.  Attending Fund-Raising Gala

          Next, the support magistrate asks if he/she may personally donate to and attend the organization’s annual fund-raising gala. 

          Notwithstanding strict limitations on being “a speaker or the guest of honor” at a not-for-profit organization’s fund-raiser, a judge “may attend such events” (22 NYCRR 100.4[C][3][b][ii]).  Furthermore, a judge generally may make contributions to any permissible charity or not-for-profit organization (see e.g. Opinions 25-117; 25-83; 04-140).  We see no reason for a different result here.  Accordingly, we conclude the inquiring support magistrate may use his/her personal funds to make charitable donations to the organization and attend its fund-raising gala.

3.  Event Planning Committee

          The support magistrate asks if he/she may volunteer on the organization’s committee to plan events that are not fund-raisers.  As described, the committee includes a range of volunteers from the community, including clergy and school officials, and its focus is on organizing programs, rather than raising funds.

          Such service is ethically permissible under our prior opinions and thus, the support magistrate may serve on the not-for-profit organization’s event planning committee (see e.g. Opinions 25-191; 17-69).

4.  “Take Back the Night” and “Financial Literacy” Events

The support magistrate more specifically asks if he/she may help plan and attend the organization’s “Take Back the Night” and “Financial Literacy” events.

          We have said “a judge must strive to avoid not only the reality, but also the appearance, that he/she is aligned in interest with law enforcement” (Opinion 13-123).  Of particular note, we have said a judge “may not attend National Night Out Against Crime activities sponsored by local police departments in the judge’s county” (Opinion 25-121) and may not participate in “an athletic/sporting event organized and promoted solely by the local District Attorney’s office” where this could create an impression of improper alignment with one side of domestic violence cases (Opinion 18-147).  Moreover, we have advised that a judge may not attend a victim-oriented candlelight vigil or tree-planting ceremony, or other such highly emotional one-sided events that may cast doubt on the judge’s ability to be impartial (see Opinion 04-91).  Applying this reasoning, we have said a judge may not participate in a “Call to Service and Compassion Workshop” to honor child abuse victims and survivors hosted by a local child advocacy center (Opinion 17-108) or a victim-oriented “walk for justice” (Opinion 20-92/20-93).

          Here, similar principles apply to a “Take Back the Night” event, which seeks to raise awareness against sexual violence.  While we understand a support magistrate would not handle criminal matters, he/she may still handle matters in which there are allegations of sexual violence.  On the facts presented, we conclude that the support magistrate may not attend or assist with planning the “Take Back the Night” event.

          By contrast, the “Financial Literacy” event does not raise the same concerns.  Indeed, we have advised that a judge may organize a financial education seminar for fellow judges, featuring a speaker from a not-for-profit entity (see Opinion 19-70).  Accordingly, the support magistrate may assist in planning and attend such an event.

5.  Internal Nominating Committee

          The support magistrate asks if he/she may serve on the  organization’s internal nominating committee and nominate individuals for “potential board involvement.”

          We have advised that a judge may serve on the internal nomination committee of a not-for-profit organization and recommend individuals for internal leadership positions (see Opinions 22-30; 20-168).  Although a judge “may not ask persons to join the board,” he/she may nonetheless “suggest names of potential board members for others in the organization to solicit,” provided he/she ensures “that there is no use of [his/her] name in connection with the solicitation” (Opinion 05-66).

The same principles apply here.  Thus, we conclude that the support magistrate may serve on the organization’s internal nominating committee and nominate individuals for possible board involvement.