Judicial Ethics Joint Opinion 12-84/12-95(B)-(G)

New York Law Journal

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The Committee on Judicial Ethics responds to written inquiries from New York state's approximately 3,400 judges, who serve both full- and part-time. The committee's opinions interpret the Rules Governing Judicial Conduct (22NYCRR, Part 100) and the Code of Judicial Conduct. The committee, comprised of 26 current and retired judges and headed by former Justice George D. Marlow, also answers inquiries about proper campaign conduct from candidates for elective judicial office. The New York Law Journal publishes selected recent opinions of the committee.


Digest:(1) A judicial candidate must not be a speaker, guest of honor, or award recipient at a politically sponsored event, unless either (a) the event is not a fundraiser, or (b) the candidate's participation is unannounced prior to the event. (2) To the extent legally permissible, a judicial candidate may use campaign funds to attend bar association functions or other events that are not hosted by political organizations throughout his/her window period, provided that his/her attendance is in furtherance of his/her campaign for judicial office and the candidate determines that he/she will receive fair value for the expenditure. (3) A judicial candidate may list the name of a sitting judge as a reference for a political party's screening panel but must not ask a sitting judge to write the panel directly on the candidate's behalf. (4) A judicial candidate may permit other individuals to attend his/her fundraiser without charge, regardless of whether such individuals are currently seeking election to public office. (5) A judicial candidate may include a link from his/her campaign website to a political organization's website which contains information promoting the judicial candidate's campaign. Rules: 22 NYCRR 100.2; 100.2(A); 100.2(C); 100.4(C)(3)(b)(ii); 100.5(A)(1); 100.5(A)(1)(i)-(ii); 100.5(A)(1)(c)-(i); 100.5(A)(2); 100.5(A)(2)(i), (iii); 100.5(A)(4)(a), (c); 100.5(A)(5); 100.5(A)(6); 100.6(A); 22 NYCRR 101; 22 NYCRR 1200.8.2(b); Opinions 11-136; 11-64; 10-80; Joint Opinion 09-59/09-86; Opinions 08-160; 08-151; 08-64; 07-135; 07-130; 07-09; 05-104; 04-141; 03-51; 01-99 (Vol. XX); 01-27 (Vol. XIX); 95-161 (Vol. XIV); 94-15 (Vol. XII); 93-52 (Vol. XI); 92-29 (Vol. IX); 91-94 (Vol. VIII); 91-02 (Vol. VII); 89-125 (Vol. IV); 2004 Ann Rep of NY Commn on Jud Conduct, at 153; 2001 Ann Rep of NY Commn on Jud Conduct, at 28.

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