Opinion 94-115

January 19, I995

Digest:         A full-time judge may not serve as trustee of a church if required to solicit the congregation for contributions.

Rule:            22 NYCRR 100.5(b)(2)

Opinion:

         A full-time judge inquires if he/she may serve as a trustee of a church, the duties of which may include addressing the entire congregation on certain religious holidays in order to solicit special contributions.

         Section 100.5(b)(2) of the Rules of Judicial Conduct(22 NYCRR 100.5[b][2]) provides in part.

(b)Civic and Charitable Activities.

... A judge may serve as an officer, director, trustee or non-legal adviser of an educational, religious, charitable, fraternal or civic organization not conducted for the economic or political advantage of its members, subject to the following limitations...

(2) No judge shall solicit funds for any educational, religious, charitable, fraternal or civic organization...

         The judge states that he/she has been requested to serve as a trustee of his/her church. Among the duties of trustee is to solicit the congregation, when requested to do so, for special contributions at various holiday services. Should the judge be required to do so, he or she should not serve as trustee.