Opinion 91-79

June 13, 1991

Digest:         A judge may not use unexpended campaign funds to purchase a word processor for use at home.

Rules:          22 NYCRR 100.2, Canon 7(B)(2) of the Code of Judicial Conduct.

Opinion:

         A full-time judge asks whether the judge may use unexpended campaign contributions held by this judge's campaign committee to purchase a word processor for use at home to assist the judge in carrying out the responsibilities of judicial office.

         Canon 7(B)(2) of the Code of Judicial Conduct states that a judicial candidate “should not use or permit the use of campaign contributions for the private benefit of himself or members of his family”. In Opinion 89-152, this Committee found that unexpended campaign funds may not be used to reimburse a candidate for personal expenses incurred during the campaign. Similarly, here, the judge should not use the unexpended campaign funds to purchase a word processor for use at his home, as this may give rise to an appearance of impropriety. [22 NYCRR 100.2].