Rule:       22 NYCRR 100.4(C)(3)(b)(i)
                Opinion 96-69 (Vol. XIV)
 
 

Opinion:

                A judge asks if it is permissible to answer telephones at a not-for-profit organization's fund-raising telethon. Although the judge would not be identified, television cameras would periodically scan the faces of those answering the telephones.

                The Rules Governing Judicial Conduct prohibit a judge from personally participating in the solicitation of funds or engaging in other fund-raising activities on behalf of governmental, civic or charitable organizations. 22 NYCRR 100.4(C)(3)(b)(i).

                In Opinion 96-69 (Vol. IV) this Committee advised that a judge should not accept contributions, express thanks for contributions or be photographed by the media accepting contributions made to a hospital fund-raising campaign. Opinion 96-69 (Vol. XIV).

                In the instant situation, the fact that the judge's image is likely to be broadcast showing the judge receiving and confirming pledges from contributors, constitutes, in our opinion, a prohibited participation in the solicitation of funds on behalf of the organization. The judge therefore should not serve in the capacity of a telephone answerer at this event.