Opinion 92-77

June 18, 1992

NOTE: OVERRULED BY OPINION 03-68

Digest:         A judge who is an announced candidate for election to another judicial office is not prohibited from purchasing a tickets to a politically-sponsored dinner, which the judge does not attend, so long as the purchase occurs during the period defined in 22 NYCRR 100.7(a)(1).

Rules:          22 NYCRR 100.7(a)(1).

Opinion:

         A judge asks whether it is permissible to purchase a ticket to a politically-sponsored dinner if the judge is unable to attend the dinner and the ticket is not used.

         A judge may attend or purchase a ticket to a politically-sponsored dinner or other affair during a period beginning nine months before a primary election, judicial nominating convention, party caucus or other party meeting for nominating a candidate for elective judicial office for which the judge is an announced candidate, and ending, if the judge is a candidate in the general election for that office, six months after the general election. 22 NYCRR 100.7(a)(1). If the judge is not a candidate in the general election, this period shall end on the date of the primary election, convention, caucus or meeting. Id. Thus, the judge is not prohibited from purchasing a ticket to a politically-sponsored dinner, which the judge does not attend, so long as the purchase is made within the time period defined above.