Opinion 02-34

April 18, 2002

Digest:         A judge may speak individually to members of a party’s county executive committee or to other party leaders about a possible judicial candidacy even though the Window Period is not in effect. But the judge should not contact community residents seeking to determine if they would support the judge’s candidacy for judicial office.

Rules:          22 NYCRR 100.5(A)(1); 100.5(A)(2); Opinions 91-44 (Vol. VII); 93-55 (Vol. XI); 97-65 (Vol. XV).

Opinion:

         A judge asks if it is permissible to meet with the local political party committee to discuss a possible candidacy for the judge’s current judicial office or a different judicial office even though the Window Period is not in effect. The judge also asks if it is permissible to contact community residents outside the Window Period, either in person or by mail, to learn if they would support the judge as a candidate for judicial office.

A judge is prohibited from engaging in political activities except during the Window Period . 22 NYCRR 100.5(A)(2). A judge may, however, speak individually to members of a party’s county executive committee or to other party leaders about a possible judicial candidacy, without violating this prohibition. Opinions 91-44 (Vol. VII), 93-55 (Vol. XI) and 97-65 (Vol. XV).

The same cannot be said, however, with respect to contacting community residents outside the Window Period to learn if they would support the judge’s candidacy for judicial office. Such activity does not involve a “testing of the waters” about the possibility of receiving backing from a political party, but rather determining what the likelihood is of being supported by the voters themselves in a primary or general election. This is clearly political activity and thus would constitute a violation of the Rules Governing Judicial Conduct which prohibit a sitting judge from engaging in political activity except during the Window Period. 22 NYCRR 100.5(A)(1).