Opinion 95-103

September 21,1995

Please Note: This opinion has been implicitly modified by Opinion 18-108. Please refer to Opinion 18-108 and contact the Advisory Committee for further guidance if needed. 

Digest:         A judge may not permit the use of the judge’s resume and photograph in a publication issued by the New York State Democratic Committee, containing information regarding all elected Democrats.

Rules:          22 NYCRR 100.7 (d), (e)

Opinion:

         A judge asks whether or not it is permissible to accede to the request of the county political leader to submit an updated resume and photograph to be used in a publication being issued by the New York State Democratic Committee, which is to contain information on all elected Democrats.

         Section 100.7 of the Rules of the Chief Administrator prohibits political activities of judges except when they are candidates for election. More specially, section 100.(d) and (e) prohibit a judge from permitting his or her name “to be used in connection with any activity of such political party, club or organization”, and from engaging in “activity of a partisan political nature”. Since the proposed political activity falls within the proscription of section 100.7, and identifies the inquiring judge as an elected Democrat, it is prohibited.