Opinion 89-43

April 4, 1989

Note: Please review Opinions 07-09, 03-51, 01-27 and 01-04 before relying on this opinion.

Topic:          Town justice who is an announced candidate for reelection in November to serve as master of ceremonies for a dinner sponsored by a town committee of a political party featuring speakers who will be that party’s candidates for political offices in November.

Digest:         A town justice who is an announced candidate, during the period of the justice's own candidacy prescribed by the rules, may serve as a master of ceremonies for a political dinner of the candidate's political party featuring as speakers the other political candidates of the party.

Rules:          22 NYCRR 100.7(a)(1)(2)(iii)

Opinion:

         A town justice who is an announced candidate for reelection in November, 1989, asks whether it is permissible to serve as a master of ceremonies at an April, 1989, dinner of the justice's political party featuring, among the speakers, that party's candidates for various offices in the November.

         The Committee is of the opinion that it is proper for the town justice to serve as master of ceremonies at the dinner in accordance with the provisions of 22 NYCRR 100.7(a)(1)(2)(iii), which reads as follows:

(iii) Notwithstanding subdivisions (c) and (d) of this section, a judge (during the period of the judge's own candidacy) may attend a political sponsored dinner or affair in support of a slate of candidates, and may appear on podiums or in photographs in political literature with the candidates who make up that slate, provided that the judge is part of the slate of candidates.

         The Committee believes that the authorization provided by the above-quoted provision to engage in specified political activities during the period of the judge's candidacy extends to serving as a master of ceremonies at a political dinner.