Opinion 97-129

January 29, 1998

Digest:         (1) A judge must disqualify himself/ herself in any matter involving the law firm of the judge's campaign coordinator or campaign finance chair during the pendency of the campaign. (2) The judge must disclose the relationship and exercise recusal (subject to remittal) in any matter involving the campaign leaders for a two-year period following the campaign. The judge must disclose and may preside in such matters after two years have elapsed. (3) Should the law partners or associates of the campaign leaders appear after the campaign is concluded, the judge may disclose the relationship and if a meritorious argument is made should exercise recusal. (4) The judge must disqualify in any proceeding in which any member of the campaign coordinator's law firm appears for the duration of the employment of the spouse of the campaign coordinator as secretary to the judge.

Rules:          22 NYCRR 100.3(E) and (F); Opinion 89-107 (Vol. IV).

Opinion:

         A judge asks a series of questions regarding the appearance in the judge's court by attorneys who served in the judge's campaign for election. Specifically, the judge asks about disqualification when the judge's campaign coordinator and campaign finance chair, and/or their partners and associates (some of whom were active in the judge's campaign) appear, as attorneys, in the judge's court. In addition, the judge also asks for guidance regarding disqualification should the judge choose to hire the campaign coordinator's spouse as the judge's personal secretary.

         The campaign coordinator and campaign finance chair play a significant, pivotal role in any campaign for elective office and therefore should be treated differently from those who played lesser roles in the campaign. In the opinion of the Committee, the judge must disqualify himself/herself during the campaign, in any case in which the campaign coordinator, the campaign finance chair and any of their partners or associates are involved. The judge must also disqualify himself/herself, within the first two years after the campaign is concluded, in any proceeding in which the campaign coordinator or campaign finance chair are personally involved. During this period, the judge should disclose the relationship on the record and may preside if the parties effect a remittal of disqualification pursuant to the Rules Governing Judicial Conduct. 22 NYCRR 100.3(F). After two years have passed, if the judge no longer chooses automatically to disqualify himself/herself, the judge must reveal on the record the prior relationship with the attorney(s). If any party objects, the judge should seriously consider recusal, and should do so, unless the judge thinks the objection is frivolous, in bad faith, or is wholly without merit. Opinion 89-107 (Vol. IV).

         Regarding the partners and associates of the campaign leaders, after the campaign is terminated, if the judge no longer chooses to disqualify himself/herself, the judge may, in his/her discretion, disclose the relationship with the partners and associates of the campaign coordinator and campaign finance chair, including whether that partner or associate was involved in the campaign, (if that fact is known to the judge) and should consider disqualifying himself/herself if a meritorious argument is made by one of the parties.

         Regarding the hiring of the campaign coordinator's spouse as secretary to the judge, the Committee is of the view that the judge's impartiality might reasonably be questioned in any matter in which the campaign coordinator or any member of the campaign coordinator's firm appears. 22 NYCRR 100.3(E). Therefore, the judge must disqualify himself/herself in any proceeding in which the campaign coordinator or any member of the campaign coordinator's firm appears for the duration of the employment of the spouse as secretary to the judge.