Opinion 88-72

June 13, 1988

Topic:          Judge’s contribution for a band at a political fundraising event.

Digest:         A judge may not contribute money for a band for a political fund-raising

                   event.

Rules:          22 NYCRR §100.7; Election Law §17-162

Opinion:

         A judge who is running for election inquires whether he may contribute $75.00 to assist in covering the cost of the music at a political fundraising event.

         The Rules of the Chief Administrator of the Courts permit some political involvement when a judge is an announced candidate. [22 NYCRR §100.7(a)(1)] Although the rules permit a candidate-judge to purchase a ticket to a political affair, even if the cost of the ticket is in excess of the proportionate cost of the affair, section 17-162 of the Election Law prohibits judicial candidates from making any political contributions. As the contribution toward the music is not a contribution to the judge’s own campaign, the judge should not make that contribution.

         This opinion is advisory only and does not bind either the Office of Court Administration or the Commission on Judicial Conduct.