Opinion 02-68
June 7, 2002
Digest: A part-time village justice may serve as counsel of record for a candidate for election to public office only if the justice can avoid involvement in any aspect of the candidate’s political campaign, and is fairly compensated for any services provided.
Rules: 22 NYCRR 100.5(A)(1)(d); 100.5(A)(1)(e); 100.5(A)(1)(g), 100.5(A)(1)(h); Opinions 91-68 (Vol. XI), 96-31 (Vol. XIV).
Opinion:
A part-time village justice who is an attorney asks whether it is ethically permissible to serve without compensation as counsel of record to a candidate for election to public office in litigation that might arise in the course of a primary campaign.
Unless authorized by law or the Rules Governing Judicial Conduct, a judge is prohibited from engaging in political activity, including participating in any political campaign, publicly endorsing another candidate for judicial office, attending political gatherings, and making a contribution to a political candidate. 22 NYCRR 100.5(A)(1)(d), (e), (g), (h). It is the Committee’s view, therefore, that the inquiring judge can only serve as counsel of record to a candidate for election to public office if the judge can avoid all aspects of the candidate’s political campaign. The judge’s services must be limited to those of a litigator or legal advisor, and the judge and the candidate should meet only in non-political settings. To provide such services without compensation, however, would be tantamount to making a contribution to a political candidate which is explicitly prohibited by the Rules Governing Judicial Conduct. 22 NYCRR 100.5(A)(h); Opinions 91-68 (Vol. XI), 96-31 (Vol. XIV).
Unless the inquiring judge can limit his or her role so as to avoid involvement in any aspect of the candidate’s political campaign, and is fairly compensated for any services provided, the Committee believes that it would be ethically impermissible for the judge to serve as counsel of record for a candidate for election to public office.