Opinion 18-108

June 21, 2018

Digest:         A sitting judge may permit a political party to include his/her name and likeness on a web page that merely lists elected officials who are registered members of the party, but must advise the party not to include any political commentary on this web page, including statements of the party’s principles, political slogans, or solicitations for funds or volunteers.

Rules:          22 NYCRR 100.2; 100.2(A); 100.5(A)(1); 100.5(A)(1)(ii); 100.5(A)(1)(b); Opinion 06-75.

Opinion:

         A judge, an enrolled member of a political party but outside the window period, asks if he/she may permit the party to include his/her name and picture “in a website page in a list of elected officials who are [party] members.” It also says “there will be no fund raising, no solicitations or recruitment for political activities.”

         Judges must always avoid even the appearance of impropriety (see 22 NYCRR 100.2), and must always act in a manner that promotes public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]). Thus, judges must not “directly or indirectly engage in any political activity” unless an exception applies (22 NYCRR 100.5[A][1]). A judge may not be a member of a political organization “other than enrollment and membership in a political party” (22 NYCRR 100.5[A][1][b]). Sitting judges may, moreover, “vote and … identify themselves as members of a political party” at any time, even if they are not in their window period for election or re-election to judicial office (22 NYCRR 100.5[A][1][ii]).

         Thus, we have advised that a judge may permit a political party to name him/her in “a list of elected officials [as] who are members of the party and … display [it] on a 4th of July parade float,” even if the judge is not in his/her window period (Opinion 06-75).

         We believe the proposed web page is roughly analogous to the parade float. Accordingly, the judge may permit the political party to include his/her name and likeness on a web page that merely lists elected officials who are registered members of the party. The judge must advise the party not to include any political commentary on this web page, including statements of the party’s principles, political slogans, or solicitations for funds or volunteers.