Opinion 99-15

January 28,1999

Digest:         A judge may accept honorary membership in a not-for-profit organization dedicated to supporting civilian participation in the New York military reserves and militia and may be the guest of honor at the organization’s ball and dinner which is not a fund-raising event.

Rule:            22 NYCRR 100.4(C)(3);100.4(C)(3)(b)(ii); Opinions 93-128 (Vol. XI); 95-147 (Vol. XII).

Opinion:

         A judge has been chosen to be an honorary member of a non-political organization composed of civilians who value military service and traditions. The organization supports civilian participation in the New York military reserves and militia and members often serve as ceremonial honor guards for high ranking elected officials. The judge would be awarded this honorary membership as a guest of honor at a ball and dinner, which is not a fund-raising event.

         The organization in question appears to be a non-profit fraternal or civic organization, and membership is therefore permissible. 22 NYCRR 100.4(C)(3). Further, the judge may also be the guest of honor and accept the award at the organization’s ball and dinner since the fact that the affair is not a fund-raising event takes the event outside the proscription stated in section 100.4(C)(3)(b)(ii) of the Rules Governing Judicial Conduct. See, e.g. Opinions 93-128 (Vol. XI); 95-147 (Vol. XII).