Opinion 05-136

January 26, 2006

Digest:         A judge may not permit the judge’s campaign committee to hold a post-election fund-raiser to repay a loan the judge made to the committee, even if the loan is evidenced by a promissory note executed by the committee.

Rules:          22 NYCRR 100.5(A)(5); Opinions 03-119; 96-31 (Vol. XIV).

Opinion:

         A judge who was recently elected asks whether it is ethically permissible for his/her campaign committee to hold a post-election fund-raiser within the Window Period to re-pay a loan the judge made to the committee towards the end of the judge’s campaign. The committee treasurer gave the judge a promissory note pursuant to which the campaign committee promised to repay the judge within six months.

         Pursuant to the Rules Governing Judicial Conduct, a judge may establish a campaign committee to conduct the judge’s campaign, including soliciting and accepting reasonable campaign contributions during the candidate’s window period and managing the expenditure of such funds. 22 NYCRR 100.5(A)(5). The candidate, however, cannot use or permit the use of campaign contributions for the private benefit of the candidate or others. Id.

         This Committee has previously advised that while a judge’s campaign committee can hold a post-election fund-raiser to repay debts owed to third parties, any funds raised during the event cannot be used to repay loans made to the committee by the judge. Opinions 03-119; 96-31 (Vol. XIV). In the present inquiry, the fact that the campaign treasurer signed a promissory note in return for the judge’s loan to the campaign committee does not dictate a different result. The inquiring judge may not permit the judge’s campaign committee to hold a post-election fund-raiser to repay the judge’s loan.