Opinion 90-77

June 7, 1990

Please Note: Overruled. As stated in the digest of Opinion 20-157/20-160: “A judge need not object to their spouse independently hosting a political fund-raiser for a candidate at the marital home, but the invitations must not refer to the judge and the judge must not appear or participate in the event.”  Please see Opinion 20-157/20-160 for more details.

Digest:         It is inappropriate for a judge's spouse to hold a political fundraiser at their joint residence, even if the judge does not appear at or participate in the fundraiser.

Rules:          22 NYCRR 100.7(c).

Opinion:

         A judge inquires about the propriety of the judge's spouse holding a fundraiser on behalf of a political candidate at the joint residence of the judge and the judge's spouse. The judge would not appear at or participate in the fundraiser in any way.

         This Committee disapproves of a fundraiser at the home of the judge, even though the judge would not participate. Section 100.7(c) of the Rules of the Chief Administrator prohibits judges from engaging in any activity of a partisan political nature, including participating, directly or indirectly, in any political campaign for office. Having a political fundraiser in the judge's home, even in the judge's absence, would involve the judge too directly in partisan politics. The judge's spouse, however, is free to hold the political fundraiser elsewhere.