Opinion 26-56(B)

March 26, 2026

Digest:  A judge may be a member or serve as an officer of a judicial clerkship pipeline program, and may assist the program in planning fund-raising, but must not personally participate in the solicitation of funds or other fund-raising activities.

Rules:   22 NYCRR 100.2; 100.2(A); 100.4(A)(1)-(3); 100.4(C)(3); 100.4(C)(3)(b)(i), (iii)-(iv); Opinions 20-132; 16-153; 14-127.

Opinion: 

          The inquiring judge has, with administrative approval, established a judicial clerkship program for law students enrolled at a particular law school.  The judge asks if he/she may personally participate in fund-raising for the program to provide stipends to the students while they participate in judicial clerkships.

          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 (1) cast reasonable doubt on the judge’s capacity to act impartially as a judge; (2) detract from the dignity of judicial office; or (3) interfere with the proper performance of judicial duties (see 22 NYCRR 100.4[A][1]-[3]).  A judge may serve as a member, officer, director, trustee, or non-legal advisor of an organization or governmental agency devoted to the improvement of the law, the legal system or the administration of justice, subject to certain limitations (see 22 NYCRR 100.4[C][3]).  Although a judge may “assist” such an organization in “planning fund-raising,” the judge may not “personally participate in the solicitation of funds or other fund-raising activities” (22 NYCRR 100.4[C][3][b][i]).  Nor may the judge “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]).

          The prohibition on fund-raising applies regardless of the purpose of the solicitation.  For example, in Opinion 14-127, a judge proposed to “conduct a book drive or to solicit publishers or book sellers to donate books for use as a sentencing tool in certain cases.”   As a condition of parole or probation, the judge “would require a defendant to read a book and provide a report about it” (id.).  Notwithstanding this purpose, we advised that the judge may not solicit even non-cash or in-kind donations.

          Here, too, we conclude the inquiring judge may be a member or serve as an officer of the judicial clerkship pipeline program, and may assist the program in planning fund-raising, but must not personally participate in the solicitation of funds or other fund-raising activities.

          For completeness, we note two additional nuances that could potentially be of interest to the inquiring judge.  First, we have recognized a narrow exception which permits a judge to solicit funds for charitable purposes from judicial colleagues over whom he/she has no supervisory or appellate authority (see Opinion 16-153).  Thus, for example, we advised that a judge who donates to a fund established to create and install a public monument honoring a federal judge may also solicit co-equal judicial colleagues to contribute, although he/she may not solicit participation from non-judges or any judges over whom he/she may have supervisory or appellate authority (see Opinion 20-132).  Second, we note that the rules permit a judge to “make recommendations to public and private fund-granting organizations” on “projects and programs concerning the law, the legal system or the administration of justice” (22 NYCRR 100.4[C][3][b][iii]).  A judicial clerkship pipeline program approved by court administrators is certainly within the scope of Section 100.4(C)(3)(b)(iii).