Opinion 20-87

July 15, 2020

Dear :

         This responds to your inquiry (20-87) asking whether you may accompany your spouse, who is a candidate for elective public office, to an election night event to await primary results.

A judge who is not a candidate for election or re-election to judicial office within his/her window period is prohibited by the Rules Governing Judicial Conduct from attending political gatherings (see 22 NYCRR 100.5[A][1][g]; [A][2]). This prohibition applies to all political organizations and campaign committee gatherings held on behalf of judicial and non-judicial candidates.

Accordingly, you should not attend election evening events on behalf of any candidate which are sponsored by a political organization or a candidate’s campaign committee. However, if the candidate is sponsoring and paying personally for a post-election party and the event is unrelated to a political party or campaign committee, you may attend.

         Enclosed, for your convenience, is Opinion 99-149 which addresses this issue.

                                       Very truly yours,

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

                                       Appellate Div., First Dep’t

                                       Committee Co-Chair

                                       Margaret T. Walsh

                                       Supreme Court Justice

                                       Committee Co-Chair

Enc.