Opinion 94-67

June 16, 1994

Digest:         The campaign committee of judge seeking re-election may reproduce excerpts of audio and video recordings and photographs of court proceedings duly authorized under Part 131 of the Rules of the Chief Administrator, in the judge's campaign material.

Rules:          22 NYCRR 100.7; 131.1 et. seq.

Opinion:

         A County Court judge is seeking re-election. During the judge's tenure, authorized still photographs and audio and video recordings of court proceedings presided over by the judge had been published in newspapers and broadcast on radio and television in accordance with Part 131 of the Rules of the Chief Administrator (22 NYCRR Part 131).

         The judge's campaign committee now wishes to use excerpts of such materials in campaign advertisements and brochures. The possible use of excerpts from video taped proceedings either with the original sound or with an announcer reading a voice-over announcement also is contemplated. The judge inquires as to the propriety of the proposed use of these materials.

         The Committee is of the opinion that neither Rule 100.7 relating to political activity of judges nor Part 131 of the Rules of the Chief Administrator bars the use of such materials. Presumably the excerpts are recordings of public proceedings. As such, they may appropriately be incorporated and used in the campaign, so long as such usage accurately reflects the matters to which reference is being made.