Opinion 25-06(C)
February 6, 2025
Digest: During the applicable window period, a newly elected judge may purchase and run newspaper advertisements to thank voters for electing him/her, provided the judge determines his/her campaign will receive fair value for the expenditure. The judge may appear in judicial robes in such post-election campaign advertisements.
Rules: 22 NYCRR 100.0(Q); 100.2; 100.2(A); 100.5(A)(1); 100.5(A)(2); 100.5(A)(2)(ii); 100.5(A)(5)-(6); Opinions 18-70; 16-29/16-50; 14-148; 12-84/12-95(B)-(G); 07-139; 05-101; 04-16; 03-90; 99-38.
Opinion:
The inquiring judge was recently elected and has now assumed the bench. As the judge is still in his/her post-election window period,[1] the judge asks whether it is permissible to use campaign funds to place “thank you” advertisements in local newspapers. The judge further asks if he/she may appear in such advertisements wearing judicial robes.
A judge must always avoid even the appearance of impropriety and promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2; 100.2[A]). Judges are therefore generally prohibited from engaging in political activity (see 22 NYCRR 100.5[A][1]). A judge or non-judge candidate for election to judicial office may, however, engage in permissible political activity in furtherance of his/her own judicial campaign during the applicable window period (see 22 NYCRR 100.5[A][2]; 100.0[Q] [defining “window period”]). For example, a judicial candidate may “appear in newspaper, television and other media advertisements supporting his or her candidacy” (22 NYCRR 100.5[A][2][ii]), although he/she must “not use or permit the use of campaign contributions for the private benefit of the candidate or others” (22 NYCRR 100.5[A][5]) and “may not permit the use of campaign contributions or personal funds to pay for campaign-related goods or services for which fair value was not received” (22 NYCRR 100.5[A][6]).
Newly elected judges may continue to engage in certain activities throughout their window period, including the six-month period after Election Day, “in order to connect with prospective voters, supporters, and campaign workers; to otherwise generate awareness of their qualifications and their candidacy; and to thank those who have helped their campaign efforts and/or those who voted for them” (Opinion 12-84/12-95[B]-[G]). Indeed, we have said a judicial candidate may use his/her campaign funds during the post-election window period to buy campaign advertisements (see Opinions 18-70; 99-38); to make generically useful purchases for his/her current campaign (see Opinion 14-148); and to attend events whether or not hosted by political organizations, provided the candidate’s “attendance is in furtherance of his/her campaign for judicial office and the candidate determines that he/she will receive fair value for the expenditure” (Opinion 12-84/12-95[B]-[G]). Once the applicable window period ends, however, such expenditures are no longer appropriate because the candidate’s campaign activity must terminate. The candidate must therefore dispose of any remaining campaign funds and close his/her campaign account as soon as practicable following the end of the window period (see e.g. Opinion 16-29/16-50 [providing an overview of the applicable framework]).
Accordingly, if this judge determines that his/her campaign will receive fair value for the expenditure, the judge may purchase and run newspaper advertisements during the applicable window period to thank voters for electing him/her (see Opinions 18-70; 99-38). Such activity must cease when the window period ends (see generally 22 NYCRR 100.5[A][1]).
With respect to the judge’s question about including a photograph of the judge in judicial robes, we have previously advised that a sitting judge may appear in judicial robes in his/her campaign advertisements (see e.g. Opinions 07-139; 05-101; 04-16; 03-90). We see no reason for a different result here.
[1] Since the judge was on the ballot in the November 5, 2024, general election, the last day of his/her window period is May 4, 2025.