March 8, 2001
Under the circumstances, the judge, who is a candidate for re-election,
may attend, but may not be a speaker, guest of honor or recipient of an
award at a political party's annual dinner, which is a fund-raiser for
22 NYCRR 100.0(Q); 100.5(A)(1)(d);
A judge, who is a candidate for re-election, has been invited, together with the local assemblyman, to be a guest of honor, and receive an award at the annual dinner of the political party that is endorsing the inquirer. The event is a fund-raiser for the party. The judge asks if he or she may attend the event and accept the award.
Section 100.5(A)(2)(v) of the Rules Governing Judicial Conduct permits a candidate for election to judicial office to "purchase two tickets to, and attend, politically sponsored dinners and other functions" during the Window Period. 22 NYCRR 100.5(A)(2)(v); 100.0(Q). Thus, the judge may attend the event. But that authorization does not extend to being a speaker, guest of honor or recipient of an award at a fund-raiser for the party. We note that the assemblyman is not a candidate for elective office and thus the judge is not simply appearing at a political event as part of a slate of candidates. Rather, the judge would be permitting his or her name to be used in connection with the fund-raising activity of a political organization, which is prohibited under section 100.5(A)(1)(d) of the Rules.