Opinion 94-105

November 15, 1994


Digest:         A part-time judge seeking election to a full-time judicial position may participate in permitted political activities beginning nine months before the nominating event and ending six months after the general election.


Rule:            22 NYCRR 100.7 (a)(1)(2); Opinion 92-97, Vol. X


         After the death of a full-time judge, a part-time judge, who is an attorney, was nominated for that judicial office at a political party caucus held for such purpose on October 11, 1994. Since the election for such office will not be held until November 1995, the judge requests an opinion on the propriety of attending political party functions, including dinners or the purchase of tickets to such events between now and the beginning of January, 1995. If the judge should also become a candidate in the November, 1995 election, the question asked is whether participation in appropriate political activities is allowable until six months after that general election.

         In our opinion the judge may attend political functions, including dinners or purchase of tickets to such events between now and January, 1995, and if a candidate in the November, 1995, election, until six months after the election (22 NYCRR 100.7[a][1][2]).