The New York Advisory Committee on Judicial Ethics has issued an opinion addressing the propriety of a family court judge’s involvement in charitable contributions following the death of an Administration for Children’s Services (ACS) court liaison officer.

The opinion, designated 25-83, provides guidance on whether the judge may contribute to a charitable organization chosen by the deceased officer’s family and whether the judge may solicit donations from other judges.

The committee’s opinion references several rules and prior opinions, including 22 NYCRR 100.2, 100.2(A), 100.4(A)(1)-(3), 100.4(C)(3)(b)(i), (iv), and Opinions 25-66, 24-152, 23-75, 20-190, 20-132, 18-53, 17-15, 15-171, 04-140, and 03-103. These references underscore the importance of maintaining judicial integrity and avoiding the appearance of impropriety.

The Committee referenced that judges must avoid any appearance of impropriety and act to promote public confidence in the judiciary’s integrity and impartiality. Extra-judicial activities must not cast doubt on a judge’s impartiality, detract from the dignity of the judicial office, or interfere with judicial duties. Judges are generally prohibited from personally participating in the solicitation of funds or using the prestige of their office for fundraising.

The opinion states that judges can generally make charitable contributions to various non-profit organizations. Citing previous opinions, the Committee noted instances where judges were permitted to contribute to a fund for an injured Legal Aid attorney and to honor a decedent through charitable donations or sympathy cards.

The Committee concluded that the inquiring judge may donate to a charity designated by the surviving family of the ACS court liaison officer.

Regarding solicitation, the Committee acknowledged a strict interpretation of section 100.4(C)(3)(b)(i), which generally forbids personal solicitation. However, it also noted two narrow exceptions established in recent years. One exception allows judges to solicit charitable contributions from fellow judges who are not subject to their supervision or appellate authority.

Therefore, the judge may solicit other family court judges to pool a charitable donation, provided they do not solicit or collect funds from any judge over whom they have supervisory authority or from non-judges, including court employees.