May 7, 1992
Digest: A judge, who is a candidate for re-election, and is opposed by the present district attorney, is not ethically required to advise the parties or counsel of that fact, where the judge will not be affected by such opposition.
Rule: 22 NYCRR 100.2(a); (b).
A judge has announced his or her candidacy for re-election. The district attorney in the same county also has announced as a candidate for the same judicial office. Neither the judge nor district attorney feels that such opposition affects either of them and both intend to participate in all cases just as they have in the past. The judge indicates that the political opposition by the district attorney presents no conflict and that if, during the campaign, anything arises that would affect the judge's impartiality, the judge will bring it to the attention of the attorneys and will deal with at that time.
Section 100.2(a) of the Rules of the Chief Administrator provides that “. . . A judge shall conduct himself or herself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.” Section 100.2(b) provides that "no judge shall allow .... relationships to influence his judicial conduct or judgment."
The judge need not advise the parties or counsel about the judge’s political opponent in any pending matter, and may preside over cases where the district attorney is involved as attorney.