Matter of Mazzei, 69 N.Y.2d 355 (1987)

Judges are prohibited from soliciting funds for charitable organizations or using the prestige of their office for that purpose, and a prior lack of enforcement or differing disciplinary approaches in other cases does not excuse a violation.

Summary

Judge Mazzei participated in a “Jail Bail for Heart” event, a fundraising scheme for the American Heart Association where mock charges were brought against solicitors, and the Judge “fined” them the amount they raised. The New York Court of Appeals upheld the State Commission on Judicial Conduct’s determination that Judge Mazzei violated the Rules Governing Judicial Conduct by using his office’s prestige for charitable fundraising. The Court rejected Mazzei’s arguments that his conduct was excusable because he misinterpreted the rules or because the Commission hadn’t previously warned him. The sanction of admonition was deemed appropriate, regardless of whether the Commission could have handled the matter differently.

Facts

Judge Mazzei participated in “Jail Bail for Heart,” a fundraising event for the American Heart Association. Mock criminal charges were prepared for fund drive solicitors. The Sheriff brought the solicitors before Judge Mazzei, where the District Attorney “prosecuted” them. Judge Mazzei “fined” them the amount they had collected. The collected funds were then turned over to the Heart Association within the courthouse. Judge Mazzei did not directly solicit funds but his role was part of the fundraising effort.

Procedural History

The State Commission on Judicial Conduct determined that Judge Mazzei violated section 100.5 (b) (2) of the Rules Governing Judicial Conduct. The Court of Appeals reviewed the Commission’s determination and the imposed sanction of admonition.

Issue(s)

Whether Judge Mazzei violated section 100.5 (b) (2) of the Rules Governing Judicial Conduct by participating in the “Jail Bail for Heart” event.

Holding

Yes, because Judge Mazzei’s participation in the “Jail Bail for Heart” event constituted using the prestige of his office for charitable fundraising, which is prohibited by the Rules Governing Judicial Conduct.

Court’s Reasoning

The Court found that Judge Mazzei’s role in the “Jail Bail for Heart” event was clearly part of the overall fundraising effort. The Court directly quoted the relevant rule: Judges are prohibited from soliciting funds for charitable organizations or using the prestige of their office for that purpose. The Court stated, “[H]is role was clearly a part of the over-all fund-raising effort. We conclude, therefore, that the Commission did not err in finding that petitioner violated both the letter and the spirit of section 100.5 (b) (2) of the Rules Governing Judicial Conduct.”

The Court rejected Judge Mazzei’s argument that his conduct was excused because he misinterpreted the rule or because he had participated in a similar event the previous year without consequence. The Court also dismissed his contention that the Commission should have only issued a warning, as it had done in a similar case involving another judge.

The Court reasoned that even if the Commission could have handled the situation more effectively by acting swiftly and informally to prevent further breaches, this did not change the fact that Judge Mazzei violated the rules. The Court emphasized that the appropriate sanction was admonition and accepted the Commission’s determination without costs.