Opinion 03-06

March 6, 2003

Digest:                        (1) The names of two candidates for judicial office may be included on the same designating petition. (2) Two candidates for judicial office should not establish a single committee to finance their election campaigns. (3) A campaign committee for a candidate for elective judicial office may accept campaign contributions from an already existing political committee or from a group of lawyers that raises funds on the candidate’s behalf so long as neither the existing political committee nor the group of lawyers uses the judicial candidate’s names to raise funds for other non-judicial candidates, or a political party.

Rules:                         22 NYCRR 100.5(A)(1)(d), (e); 100.5(A)(2)(iv); Opinions 88-04 (Vol. II); 02-64.

Opinion:

            A town justice who is one of two town justices running for re-election asks the following questions: (1) Can the names of both town justices appear on the same designating petition? (2) Can both town justices be the subject of the same political literature? (3) Can both town justices establish one campaign committee? (4) Can a political committee that already exists raise and receive political contributions for the re-election of both town justices? (5) If each town justice must have a separate campaign committee, can those committees receive political contributions from an already existing political committee? (6) Is it permissible for each town justice’s campaign committee to receive political contributions from a committee that comprises lawyers who solicit campaign contributions for the re-election of both town justices?

            Candidates for judicial office are generally prohibited from engaging in political activities except as authorized by the Rules Governing Judicial Conduct or by law. Accordingly, as provided for under the Rules a judicial candidate’s name may be listed on election materials along with the names of other candidate’s for elective office. 22 NYCRR 100.5(A)(2)(iv). In addition, a judicial candidate may establish a committee to conduct a candidate’s campaign, including the solicitation of reasonable campaign contributions. 22 NYCRR 100.5(A)(5).

            However, it is ethically impermissible for two or more candidates for elective judicial office to form a single campaign committee, as each candidate would then be deemed to be a partisan in the campaigns of the other candidates, and would readily be perceived as endorsing the other candidates. Such conduct is prohibited by the Rules Governing Judicial Conduct. 22 NYCRR 100.5(A)(1)(d); Opinion 88-04 (Vol. II); Opinion 02-64.

            Further, a judicial candidate’s campaign committee may solicit and accept reasonable campaign contributions and support from the public, including lawyers. 22 NYCRR 100.5 (A)(5). Thus, it is the Committee’s view that is ethically permissible for the judicial candidate’s campaign committee to accept campaign contributions from an already existing political committee or from a group of lawyers who raise funds on the candidate’s behalf as long as neither the existing political committee nor the group of lawyers uses the judicial candidates’ names to raise funds for other non-judicial candidates or for a political party.