February 19, 2010
Dear Judge :
This responds to your inquiry (10-11) asking whether a judge who announces his intent to seek higher judicial office may administer the oath of office to officers of a political club or committee at a political function.
Pursuant to the Rules Governing Judicial Conduct, you may administer the oath as long as you are in your “window period,” which begins nine months before designation of a party candidate1 for judicial office and ends six months after the date of election (see 22 NYCRR 100.0[Q]). Enclosed, for your convenience, are Opinions 06-71 and 01-42 which address this issue.
Very truly yours,
George D. Marlow
Justice of the Supreme Court (Ret.)
1“A ‘candidate’ is a person seeking selection for or retention in public office by election. A person becomes a candidate for public office as soon as he or she makes a public announcement of candidacy, or authorizes solicitation or acceptance of contributions” (22 NYCRR 100.0[A]).