Opinion 89-55

June 16, 1989

Dear Justice

         The Advisory Committee on Judicial Ethics, at its meting of May 25, 1989, considered your inquiry (89-55) of April 14, 1989, and concluded that section 100.7 of the Judicial Conduct Rules of the Chief Administrator of the Courts (22 NYCRR 100.7) precludes a part-time judge from making a contribution to a political action committee established by the judge's employer, in this case a large commercial bank, by whom the judge is employed full-time. That provision prohibits a judge from contributing “to a political party, organization or political campaign.” The fact that the judge has no control over the contributions of the political action committee is irrelevant, since he still would be making a contribution to a political action committee.

         The Committee notes your suggestion that, if the rule is construed as prohibiting this conduct by a part-time judge, it should be changed. The Committee, of course, has no jurisdiction to change the rule, and, in any event, does not feel that this situation warrants its making a recommendation for such a rule change.

Samuel J . Silverman

Chair