Opinion 07-90

October 18, 2007

Digest:         A candidate for judicial office who is not currently a judge may be a speaker or guest of honor at a charitable fund-raising event during the candidate’s Window Period, and may permit the event sponsor to indicate in the event’s invitation that the candidate will be the speaker or guest of honor.

Rules:          22 NYCRR 100.0(Q); 100.4(C)(3)(b)(ii); 100.5

Opinion:

         A candidate for judicial office who is not currently a judge asks if he/she may be the guest of honor at charitable fund-raising events. The candidate also asks if the event sponsor may indicate in the event invitation that the candidate will be the speaker or guest of honor.

         Although section 100.4(C)(3)(b)(ii) of the Rules Governing Judicial Conduct prohibits a judge from being a speaker or guest of honor at an organization’s fund-raising events, it does not govern the activities of a non-judge candidate for judicial office. Rather, section 100.5 delineates permissible activities for non-judge candidates for judicial office who are within their Window Period. 22 NYCRR 100.0(Q);100.5.

         In the absence of any prohibition provided by section 100.5, it is the Committee’s opinion that a non-judge candidate for judicial office may be a speaker or guest of honor at a charitable fund-raising event and may permit the event’s sponsor to indicate in the event invitation that the candidate will be the guest of honor.