Committee on Judicial Ethics — Fundraising: Opinion 10-103

NYS Advisory Committee on Judicial Ethics

Fundraising

Participation

Opinion 10-103

Background: The inquirer asked whether it would be permissible to participate in a non-law club fundraiser wherein he would participate as a cook, bus boy, dishwasher or waiter.  Further, the club has a trailer wherein they cook hamburgers and hotdogs at the club’s summer fundraiser.

Opinion: The committee found that acting in those roles would not be a prohibited fundraising activity. However, the inquirer cannot participate if the food sold is at a substantially higher price than a normal hot dog at other retail commercial establishments in the community. Further, as the food is being sold for profit, the inquirer may not sell food from the club’s trailer. If the food is cooked and sold simultaneously, he may cook, but not sell the food. If the food is purchased prior to approaching the trailer with tickets proving they have purchased food, the inquirer may cook and serve.