Opinion 91-85

September 12, 1991

Digest:         A judge's spouse may serve as the campaign manager for a candidate seeking political office.

Rules:          22 NYCRR §100.7

Opinion:

         A judge inquires whether the judge's spouse may serve as campaign manager for a candidate seeking re-election to a political office.

         Section 100.7 of the Rules of the Chief Administrator states:

No judge during a term of office shall hold any office in a political party or organization or contribute to any political party or political campaign except his or her own campaign for elective judicial office. Political activity prohibited by this section includes:

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(c) Participation, either directly or indirectly, in any political campaign for any office, except his or her own campaign for elective judicial office.

         This rule, however, applies only to the judge, not to the judge's spouse. Accordingly, we see no prohibition against the judge's spouse serving as the campaign manager for a candidate seeking re-election to political office. The judge, however, should not participate in the campaign in any way.