Opinion 23-229

February 1, 2024

Facts/Issue:    The inquiring judge has been invited to attend a victory party celebrating the judge’s court attorney’s election to part-time judicial office in another court.  The judge’s court attorney is already sworn in, but is planning a private celebration, paid for solely with personal funds, to be held at a restaurant.  The party is not a fund-raiser and is not sponsored by any political organization.  The judge asks if attendance is permissible.

Discussion:     We have said that a judge who is not in their window period may nonetheless attend a victory party for a newly elected co-judge, even one separate and distinct from the co-judge’s swearing in ceremony, provided that the party is paid for solely with personal funds.  While at the victory party, of course, the judge “must avoid any impermissible political activity, and must not create an appearance that [the judge] is or was involved in [their] new judicial colleague’s campaign.”

                      In our view, these principles are not limited to co-judges.  The positive nature of collegiality amongst judges does not stop at any particular courthouse door, and the judge’s attendance is unlikely to give any impression of political partisanship.

Conclusion:     A judge may attend a victory party celebrating the election of the judge’s court attorney to judicial office, where it is paid for solely with the court attorney’s personal funds and not sponsored by any political organization. 

Authorities:    Opinion 13-143.