NYS Advisory Committee on Judicial Ethics — Fundraising: Opinion 13-73

Daily Record Staff//December 2, 2013//

NYS Advisory Committee on Judicial Ethics

Bar Association — Foundation Improving the Legal System

Opinion 13-73

Background: The inquiring judge states that the chief judge plans to establish an advisory body that will make recommendations on issues such as expanding legal services to the poor, promoting innovation in the courts, and educating the public about the importance of a properly-funded judiciary. The foundation will be tax-exempt and its members will be lawyers that will raise funds to support the work of the advisory body. The judge asked whether this foundation will be considered a “bar association” with respect to sitting judges speaking at fundraising events.

Opinion: The committee concluded that a not-for-profit foundation whose members are almost exclusively attorneys, and which is devoted to improvement of the law, the legal system and the administration of justice, is a “bar association” for purposes of the rule permitting judges to be speakers and guests of honor at bar association fund-raising events.

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