Opinion 89-125

October 24, 1989

Digest:         A judge running for election may permit the Democratic party to print a pamphlet endorsing the judge.

Rule:            22 NYCRR 100.7

Opinion:

         A judge running for re-election inquires whether it is proper for the Democratic party to print the judge’s photograph and endorsement as part of a slate of candidates for election in a pamphlet which it is distributing to registered voters.

         Section 100.7 of the Rules of the Chief Administrator prohibits political activity of judges except when they are candidates for election. Specifically, section 100.7(a)(1)(iii) states that a judicial candidate for election “may appear on podiums or in photographs on political literature with the candidates who make up that slate, provided the judge is part of the slate of candidates.” The Committee has examined the proposed pamphlet.

         As the judge is running for election and is part of the slate of candidates endorsed in the pamphlet by the Democratic party, no prohibition exists against the judge’s inclusion in the pamphlet.