The New York Advisory Committee on Judicial Ethics has issued Opinion 26-20(A), addressing the permissible extent of a judge’s involvement with not-for-profit organizations. The opinion provides guidance on whether a full-time judge may serve as an officer for a not-for-profit entity focused on inspiring and connecting women of a specific ethnic group.
The committee determined that a judge can indeed serve as an officer in such an organization, provided they do not personally engage in soliciting funds or in-kind donations. Furthermore, the judge must not allow the prestige of their judicial office to be used for fundraising or membership drives.
The inquiry prompting the opinion came from a judge asking about serving as an officer of “100 Hispanic Women,” a not-for-profit civic and cultural organization aimed at inspiring Latinas, networking, and community giveback. The organization’s mission includes eliminating obstacles, encouraging innovation among Latinas, fostering strategic partnerships, promoting inclusion in government and corporate America, and improving the status of Hispanics. A key focus is awarding scholarships, with the organization soliciting money and toys.
The judge acknowledged the restriction on personally soliciting funds, toy donations, or memberships, and sought clarification on attending board meetings and other organization-hosted events.
The committee emphasized that judges must avoid any appearance of impropriety and maintain public confidence in the judiciary’s integrity and impartiality. While judicial duties take precedence, judges can engage in extra-judicial activities compatible with judicial office, provided they do not cast doubt on impartiality, detract from dignity, or interfere with judicial duties.
The opinion allows the judge’s name and judicial designation to appear in the organization’s newsletter and letterhead if similar designations are used for other officers.
