Opinion 26-18

February 5, 2026

Digest: A judicial candidate may permit responsible persons to serve on his/her campaign committee, even if they are also simultaneously serving on another campaign committee, provided that the committees remain completely independent in their operations.  Regardless of any overlapping personnel, the committees must not commingle their finances or otherwise operate as a single or joint committee.

Rules:   22 NYCRR 100.5(A)(1)(d)-(e), (h); 100.5(A)(2)(i)-(iii), (v); 100.5(A)(4)(c); 100.5(A)(5); Opinions 19-94(A); 16-75; 03-06; 02-64; 88-04.

Opinion:

          The inquiring candidate for election or re-election to judicial office is aware that two judicial candidates may not share one campaign committee.  However, the candidate asks if it is ethically permissible for the same individuals to serve on two different campaign committees, provided there is not a complete overlap.  As a specific example, the candidate asks if he/she may appoint a “campaign manager, treasurer, and social media person” on his/her own campaign committee who will also serve in similar roles in another candidate’s campaign committee. 

          A judge or non-judge candidate for election to judicial office may participate in his/her own campaign as provided in the Rules Governing Judicial Conduct (see 22 NYCRR 100.5[A][2]).  A judicial candidate may not personally solicit contributions (see 22 NYCRR 100.5[A][1][h]; 100.5[A][2][i]), but may establish a committee of “responsible persons” to do so on his/her behalf (see 22 NYCRR 100.5[A][4][c]; 100.5[A][5]).  A judicial candidate may appear at gatherings and in advertisements with other members of his/her slate (see 22 NYCRR 100.5[A][2][ii]-[iii]) and may purchase tickets to, and attend, politically sponsored events subject to limitations on the price and number of tickets (see 22 NYCRR 100.5[A][2][v]).  However, a judicial candidate still may not publicly endorse other candidates, make political contributions, or otherwise participate in their campaigns (see 22 NYCRR 100.5[A][1][d]-[e], [h]).

          Applying these principles, we have advised that where two judicial candidates on the same slate hold a joint fund-raiser, they must not commingle funds received from the event (see Opinions 19-94[A]; 16-75).  We have advised that two judicial candidates may not establish a joint campaign committee to finance their election campaigns (see Opinion 03-06).  The creation of a joint campaign committee would create the appearance of cross-endorsement and partisan participation in another candidate’s campaign (see Opinions 03-06; 02-64; 88-04).

          In our view, an individual’s service on multiple separate campaign committees does not pose the same danger.  A judicial candidate may therefore permit responsible persons to serve on his/her campaign committee, even if they are also simultaneously serving on another campaign committee, provided that the committees remain completely independent in their operations.  Regardless of any overlapping personnel, the committees must not commingle their finances or otherwise operate as a single or joint committee.