September 11, 1997
A judge who is a candidate for re-election should not participate in a
campaign bank account maintained by a political organization, in which
contributions received by the organization on behalf of the judge are mingled
with contributions received on behalf of other judicial and non-judicial
22 NYCRR 100.5A(5).
A judge who is a candidate for re-election inquires if it is permissible to participate in a special bank account maintained by the political organization for deposit of candidates' contributions received by it on behalf of the judge and other judicial and non-judicial candidates. The account would be in the exclusive control of the political committee. Expenses of the judge's campaign would be paid from the account.
Section 100.5(A)(5) of the Rules Governing Judicial Conduct provides:
The proposed bank account, fails to comply with this provision. Control of the judge's campaign funds by the political organization is improper. Accordingly, the judge should not participate in the proposed campaign account.A judge or candidate for public election to judicial office shall not personally solicit or accept campaign contributions, but may establish committees of responsible persons to conduct campaigns for the candidate through media advertisements, brochures, mailings, candidate forums and other means not prohibited by law. Such committees may solicit and accept reasonable campaign contributions and support from the public, including lawyers, manage the expenditures of funds for the candidates campaign and obtain public statements of support for his or her candidacy. Such committees may solicit and accept such contributions and support only during the Window Period. A candidate shall not use or permit the use of campaign contributions for the private benefit of the candidate or others.