Opinion 06-183

April 19, 2007

Digest:         (1) A judge should not attend nor should the judge be present during any fund-raising or post-fund-raising political activity hosted by the judge’s child/candidate in the child’s “distinct living areas” in the joint residence. The judge need not vacate the joint residence for the duration of his/her child’s campaign.

(2) Subject to certain limitations, a judge may serve on committees for a local youth group, the local opera organization, and the local church. Membership in or service on behalf of the Black Women’s Political Caucus is prohibited.

Rules:          22 NYCRR 100.4(C)(3); 100.5(A)(1); Opinions 05-17; 04-41; 98-123 (Vol. XVII); 98-101 (Vol. XVII); 96-115 (Vol. XIV); 94-115 (Vol. XIII); 91-99 (Vol. VIII); 90-77 (Vol. V).

Opinion:

         The inquiring judge poses two questions, one about fund-raising by a relative and the other about the judge’s volunteer activities. (1) The inquirer’s child, who resides with the judge in “distinct living areas” in the same house, will be a candidate in a contested school board election. The child will hold a fund-raising event and other “post-fund-raising events for contributors” in the joint residence. The judge inquires whether the judge may attend the events and whether the judge must vacate the residence during the events or for the duration of the campaign. (2) The judge also serves on several committees for not-for-profit organizations, including a local youth group, a local opera organization, a local church, and a Black Women’s Political Caucus. The judge inquiries about the propriety of continuing to serve in such organizations.

         With respect to use of the joint residence for the child’s campaign fund-raising, this Committee has previously determined that it is inappropriate for a judge’s spouse to hold a political fund-raising event at their joint residence. Opinions 04-41; 90-77 (Vol. V). Here, however, unlike a spouse/candidate, the child/candidate resides in a “distinct living area” of their joint residence. The judge need not prohibit the child/candidate from using his/her “distinct living area” for fund-raising or post-fund-raising events, but the judge should not attend nor should the judge be present in the joint residence during such events. 22 NYCRR 100.5(A)(1). However, the judge need not vacate the premises for the entire duration of the child/candidate’s campaign.

         With respect to the judge’s service on committees for not-for-profit organizations, the Rules Governing Judicial Conduct permit a judge to serve as an officer, director, trustee or non-legal advisor of an educational, religious, charitable, cultural, fraternal or civic organization, not conducted for profit, subject to certain limitations. 22 NYCRR 100.4(C)(3). Therefore, unless service on these committees necessitates that the judge engage in impermissible activities (e.g., fund-raising), the judge may serve on behalf of the local youth group, the local opera organization, and the local church. Opinions 05-17; 98-123 (Vol. XVII); 96-115 (Vol. XIV); 94-115 (Vol. XIII); 91-99 (Vol. VIII). However, membership in or service on behalf of a political organization such as the Black Women’s Political Caucus is prohibited. 22 NYCRR 100.5(A)(1); Opinion 98-101 (Vol. XVII).