Joint Opinion 05-23 and 05-24

March 10, 2005

Digest          A judge can be endorsed for re-election in a radio advertisement by non- judicial officials running for elective office, provided that the radio advertisement does not suggest that the judge is also endorsing their election.

Rule:            22 NYCRR 100.5(A)(1)(e); Opinion 03-64

Opinion:

         Two judges running for re-election have separately inquired about the propriety of having non-judicial elected officials endorse them in radio advertisements.

         This Committee has previously determined that advertisements in which elected officials endorse a judicial candidate are permissible, provided that the judicial candidate takes care to avoid creating an impression that he or she is endorsing the elected official. 22 NYCRR 100.5(A)(1)(e). In Opinion 03-64 the Committee stated that a candidate for judicial office may appear in campaign literature photographed with other candidates for elective office. However, the candidate must take steps, to the extent possible, to avoid the appearance that the judge is, in fact, endorsing the candidates for other elective offices. The same considerations apply with respect to radio advertisements.