Opinion 96-124

December 12,1996


Digest:         An incumbent judge who was an unsuccessful candidate in a primary election for another judicial office may attend a dinner sponsored by a political club held within six months following the primary election.


Rules:          22 NYCRR 100.5(A)(2); 100.0(Q).


         A judge who campaigned for nomination for a different judicial office in a primary inquires whether it would be permissible to attend a dinner honoring the judge’s campaign co-ordinator, sponsored by a party organization.

         Rule 100.5(A)(2) of the Rules Governing Judicial Conduct provides in part:


During the Window Period as defined in subdivision (Q) of section 100.0 of this Part, a judge . . . who is a candidate for public election to judicial office, except as prohibited by law, may:


(v) purchase two tickets to, and attend, politically sponsored dinners and other functions even where the cost of the ticket to such dinner or other function exceeds the proportionate cost of the dinner or function.

         Attendance is not limited to functions in support of the judge’s candidacy.

         The Window Period commences nine months prior to the date of the primary election and extends, when the judge does not become a candidate at the general election, to a date no later than six months following the primary election. 22 NYCRR 100.0(Q).

         Thus, the judge in this instance may attend the party-sponsored function which is to be held within six months of the primary.