Opinion 08-05

March 13, 2008

Digest:         A judge may attend a “meet the candidates” event, and participate as an audience member by distributing factual materials and questioning candidates for the New York State Legislature about judicial compensation.

Rules:          22 NYCRR 100.2(A); 100.4(A); 100.5(A)(1)(iii); 100.5(A)(1).

Opinion:

         A judge asks if he/she may attend “meet the candidate” events, and participate as an audience member by distributing factual materials and questioning candidates for the New York State Legislature about judicial compensation. The judge states that he/she will undertake these activities in a dignified manner, without indicating support for or opposition to particular candidates.

         A sitting judge is prohibited from engaging in direct and indirect political activity except as specifically authorized by the Rules Governing Judicial Conduct or by law (see 22 NYCRR 100.5[A][1]). For instance, judges may not engage in partisan political activity (other than their own campaign for elective judicial office) and may not publicly endorse or oppose (other than by running against) any candidate for public office (see 22 NYCRR 100.5[A][1][c], [e]).

         A sitting judge may vote, however, and may engage in limited political activity “on behalf of measures to improve the law, the legal system or the administration of justice” (see 22 NYCRR 100.5[A][1][iii]).

         In the Committee’s view, the adequacy of judicial compensation is a matter closely connected to the improvement of the law, the legal system or the administration of justice, and thus a sitting judge may engage in certain limited political activity in support of such matter (see 22 NYCRR 100.5[A][1][iii]). The Committee concludes, therefore, that the judge in the present inquiry may attend nonpartisan “meet the candidates” events to distribute literature and question the candidates about judicial compensation.

         In undertaking these activities, a judge must be careful not to create the impression that he/she endorses or opposes a particular candidate or otherwise seeks to advance the interests of a political party or candidate (see 22 NYCRR 100.5[A][1]). The judge must also ensure that his/her conduct and comments are consistent with the dignity of judicial office and promote public confidence in the integrity and impartiality of the judiciary (see 22 NYCRR 100.2[A]; 100.4[A]).