Judicial Ethics Opinion 20-171
May a judge make a charitable donation to a 501(c)(3) living history farm for educational agricultural programming and participate in a not-for-profit fund-raising drive for cancer research?
February 04, 2021 at 09:39 AM
2 minute read
The Advisory Committee on Judicial Ethics responds to written inquiries from New York state's approximately 3,600 judges and justices, as well as hundreds of judicial hearing officers, support magistrates, court attorney-referees, and judicial candidates (both judges and non-judges seeking election to judicial office). The committee interprets the Rules Governing Judicial Conduct (22 NYCRR Part 100) and, to the extent applicable, the Code of Judicial Conduct. The committee consists of 27 current and retired judges, and is co-chaired by the Honorable Margaret Walsh, a justice of the supreme court, and the Honorable Lillian Wan, a court of claims judge and acting supreme court justice.
This responds to your inquiry (20-171) asking 1) whether you may make a charitable donation to a 501(c)(3) living history farm for educational agricultural programming and 2) whether you may participate in a not-for-profit fund-raising drive for cancer research both by donating and by making a temporary change in your personal appearance to solicit donations from family and friends who are not associated with the court.
The Committee has previously advised that it is ethically permissible for a judge to make a charitable donation and to be acknowledged by the charity for making the donation. While personal donations are permissible, pursuant to the Rules Governing Judicial Conduct a judge "shall not personally participate in the solicitation of funds or other fund-raising activities" (22 NYCRR 100.4[C][3][b][i]). However, we have advised that this rule need not apply to a judge's own family members. Accordingly, you may not solicit donations from anyone who is not a family member. Finally, there is no ethical prohibition against changing your appearance to raise awareness of the need for cancer research.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Trending Stories
- 1The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 2NYC Mayor Eric Adams Indicted on Public Corruption Allegations
- 3'I'm Staying Everything': Texas Bankruptcy Judge Halts Talc Trials Against J&J
- 4Conduct Board Urges 'Swift and Severe Punishment' for Phila. Judge's Facebook Posts
- 5What We Know About the Kentucky Judge Killed in His Chambers