Opinion: 97-151

January 28, 1998

Digest:  A judge may serve as vice- president of a charitable not-for-profit organization, subject to the limitations specified in section 100.4(C)(3) of the Rules Governing Judicial Conduct.

Rules:  22 NYCRR 100.4(C)(3) (a);
             Opinions 95-47 (Vol. XIII);
             92-103 (Vol. X); 91-23 (Vol. VII).


            A part-time judge, who is on the board of directors of an association for the blind and visually impaired in the judge's home county, inquires whether he/she may accept the position of vice president of the organization. The judge advises that he/she would in no way be involved in the organization's fund raising activities, and that the officers of the organization are not listed on its letterhead. The organization is a charitable, non-profit association.

            Section 100.4(C)(3)(a) of the Rules Governing Judicial Conduct states that a judge "may be a member or serve as an officer [or] director . . . of . . . an educational, religious, charitable, cultural, fraternal, or civic organization not conducted for profit", subject to certain limitations. 22 NYCRR 100.4(C)(3)(a). Section 100.4(C)(3)(b)(i) of the Rules states that a judge "may assist such an organization in planning and fund raising . . . , but shall not personally participate in the solicitation of funds or other fund raising activities". The inquiring judge outlines activities which would be fully consistent with these rules, and therefore may serve as vice president of the organization in question (See, Opinions 95-47 (Vol. XIII); 92-103 (Vol. X); 91-23 (Vol. VII).