Opinion 19-129

December 12, 2019

Digest:    A judge, who is not in his/her window period for election or re-election to judicial office, may not participate in an event sponsored by a local political party in which children would meet with local judges to learn about the court system.

Rules:     22 NYCRR 100.0(Q); 100.2; 100.2(A); 100.2(C); 100.5(A)(1)-(2); 100.5(A)(1)(g), (i); Opinions 13-22; 07-211; 06-71; 88-136; 88-32.

Opinion:

         A judge’s local political party wishes to organize an event in which children would meet with local judges to learn about the court system. It would be one of a series of events intended to introduce children to civic engagement. Prior events have included meetings with other elected officials, visits to government workplaces and offices, and tours of public and semi-public facilities. The judge is not in his/her window period for election or re-election.

         A judge 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]). A judge must not convey or permit others to convey the impression that they are in a special position to influence the judge (see 22 NYCRR 100.2[C]). A sitting judge is prohibited from engaging either directly or indirectly in any political activity, except in furtherance of his or her own campaign for election or re-election during the applicable window period, which is not applicable here (see 22 NYCRR 100.5[A][1]-[2]; 100.0[Q]). Outside the applicable window period, a judge must not attend politically sponsored events, even for a non-political purpose (see 22 NYCRR 100.5[A][1][g], [i]).

         Applying these rules, we have said a judge who is not in his/her window period for election may not attend or participate in an event sponsored by a political organization, even for an otherwise permissible non-political purpose (see e.g. Opinions 06-71 [judge may not attend a political club’s meeting to administer the oath of office to its president-elect]; 88-136 [judge may not speak at a political club about the function of the Family Court]; 88-32 [judge may not speak at a political club about the legal system]; 07-211 [judge may not attend a politically sponsored holiday party]; 13-22 [judge may not participate in a politically sponsored sporting event in which one local political party’s team will compete against another local political party’s team, where the purpose of the event is to improve both parties’ public image]).

         The proposed event appears to have a non-partisan purpose: introducing children to civic engagement and educating them about the court system. However, it remains a politically sponsored event and is, therefore, impermissible for a judge outside his/her window period (see e.g. Opinions 88-136 [judge may not speak at a political club about the function of the Family Court]; 88-32 [judge may not speak at a political club about the legal system]).

         Finally, the judge asks if co-sponsorship by the two major political parties would eliminate any prohibition. We have advised that a judge may not participate in a politically sponsored sporting event, which was co-sponsored by two political parties, when the purpose of the event was to “improve [the] public image” of both parties (Opinion 13-22). Here, too, co-sponsorship would not cure the appearance of impropriety.

         Thus, the judge may not participate in the proposed event.