June 22, 1990
NOTE: This opinion has been modified by Opinion 10-22 to the extent that it suggests that the permissibility of the judge’s involvement depends on whether the food sales in which the judge is involved produce a profit. Please consult Opinion 10-22 before relying on this opinion.
The Advisory Committee on Judicial Ethics, at its meeting on June 7, 1990, considered your inquiry (90-62), dated April 16, 1990, about the propriety of participating in bingo games and other games of chance, and running the food concession at local events sponsored by the volunteer fire department.
The Committee concludes that you may not participate in running any bingo games, or other games of chance but you may work in a food concession at a local Fourth of July celebration, even though the food concession is located on the same premises where games of chance are played, provided that the food concession is not in itself a fundraiser. Enclosed, for your information, are copies of Opinions 87-20 and 89-53 concerning these issues.
Very truly yours,
Samuel J. Silverman.