Opinion 91-113

October 31, 1991

Digest:         Two judicial candidates on the same slate, campaigning for two judicial positions, may participate in a joint fundraiser with the proceeds being divided between the two campaigns, provided neither candidate comments on the qualifications of or endorses the other.

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

Opinion:

         A candidate for judicial office inquires whether it is permissible for two judicial candidates on the same slate, campaigning for two judicial positions, to participate in a joint fundraiser, with the proceeds being divided between the two campaigns.

         Section 100.7(a)(2)(iii) of the Rules of the Chief Administrator permits judicial candidates to “attend a politically-sponsored dinner or affair in support of a slate of candidates . . . provided that the judge is part of the slate of candidates.” Since the two judicial candidates are part of the same slate, they may participate in a joint fundraiser with the proceeds being divided between the two campaigns. However, at the fundraiser neither candidate may comment on the qualifications of or endorse the other.