September 24, 2019
This responds to your inquiry (19-83) asking whether you may give permission to a candidate for non-judicial office to use a photograph of you and the candidate, taken before you assumed judicial office, for use in his/her election campaign literature and keycards.
The Committee has previously advised that it is a violation of the Rules Governing Judicial Conduct for a judge to participate, either directly or indirectly, in any political campaign except for his or her own campaign for judicial office (see e.g. 22 NYCRR 100.2[C] [judge may not lend prestige of judicial office to advance private interests of others]; 22 NYCRR 100.5[A][c] [prohibition against certain partisan political activity]). Consequently, you may not give permission for your photograph to be used in another candidate’s campaign literature and keycards.
Enclosed, for your convenience, are Opinions 99-138 and 88-113 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice (Ret.)
Appellate Div., First Dep’t
Hon. Margaret T. Walsh
Supreme Court Justice