Opinion 90-139

September 18, 1990

Note: To the extent this opinion is inconsistent with Opinion 09-180, it has been modified by the subsequent opinion.

Digest:         A part-time judge may participate in a political party caucus and vote by secret ballot only if all registered members of the party may participate.

Rules:          22 NYCRR §100.7.

Opinion:

         A part-time judge inquires whether such a judge may attend a political party caucus and vote for local candidates there by secret ballot.

         Section 100.7 of the Rules of the Chief Administrator prohibits most political activity by judges, including participating in any political campaign or serving as an officer of a political club.

         If all registered members of the party may participate in the caucus and vote for candidates, then the judge may attend and vote for candidates. If only party officials can attend the caucus, or vote, the judge may not attend and vote.