This responds to your inquiry (12-20) asking whether you may permit your spouse (who is also your court clerk) to serve as the secretary for the local political party whose support you will be soon be seeking for re-election.

         The Committee has previously concluded that the Rules Governing Judicial Conduct (22 NYCRR part 100) do not apply to a judge’s spouse, who remains free to engage in his/her own bona fide independent political activities. Therefore, a judge need not prohibit his/her spouse from serving as a member of the local committee of a political party.

         Enclosed, for your convenience are Opinions 08-168; 06-147; and 94-60 which address this issue.

                                       Very truly yours,

George D. Marlow, Assoc. Justice

Appellate Division, First Dept. (Ret.)

Committee Chair

Encls.