Opinion 06-75

June 9, 2006

Digest:         The fact that a political party of which the judge is a member includes the judge’s name in a list of elected officials who are members of the party and intends to display the list on a 4th of July parade float, does not give rise to any ethical impropriety on the part of the judge.

Rule:            22 NYCRR 100.5.

Opinion:

         A judge asks whether it is ethically permissible for a political party to include the judge’s name in a list of elected officials who are members of the party that will be displayed on a 4^th of July parade float. The judge is not currently running for re-election.

         Although a judge who is not running for judicial office is prohibited from engaging, either directly or indirectly, in any political activity, the judge may identify himself or herself as a member of a political party. 22 NYCRR 100.5. In the present inquiry, therefore, the fact that a political party of which the judge is a member includes the judge’s name in a list of elected officials who are members of the party, and displays the list on a 4^th of July parade float, does not give rise to any ethical impropriety on the part of the judge. Thus, the judge is under no obligation to seek the removal of his or her name from the list.