Opinion 19-67

July 11, 2019

Dear :

         This responds to your inquiry (19-67) asking whether you may “participate in private political discourse with other lawyers, politicians or general public in a private setting, restaurant or meeting place.”

The Rules Governing Judicial Conduct prohibit a sitting judge from “directly or indirectly engag[ing] in any political activity” unless an exception applies (22 NYCRR 100.5[A][1]). For example, during a judge’s “window period” for election or re-election as a judge (see 22 NYCRR 100.0[Q]), he or she may engage in specified permissible political activity in support of his/her own campaign (see 22 NYCRR 100.5[A][2]). Determinations about what activities are permissible outside the judge’s window period are very fact-specific.

The scenario presented provides insufficient information

about your proposed conduct and is also subject to multiple factual variations. Therefore, we are unable to provide an answer to your inquiry.

                                       Very truly yours,

George D. Marlow, Assoc. Justice (Ret.)

Appellate Div., First Dep’t

                                       Committee Co-Chair

                                       Hon. Margaret T. Walsh

                                       Supreme Court Justice

                                       Committee Co-Chair