Opinion 91-107

September 12, 1991

Digest:         Two judicial candidates in the same political party, campaigning for two judicial positions, may issue joint campaign literature, provided the literature discloses that the candidates are not endorsing each other.

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

Opinion:

         A candidate for judicial office inquires whether it is permissible for two judicial candidates from the same political party, who are campaigning for two judicial seats, to issue and distribute joint campaign literature to consolidate resources.

         Section 100.7(a)(2)(iii) of the Rules of the Chief Administrator permits judicial candidates to appear “in photographs on political literature with the candidates who make up that elate, provided that the judge is part of the slate of candidates.” As the two judicial candidates are part of the party’s slate, they may issue and distribute campaign literature in which both appear, especially if the literature carries the disclaimer that neither judicial candidate is endorsing any other candidate.