Opinion 95-43

April 27, 1995

Digest:         The principal law secretary or personal secretary to a full-time judge may serve as member of a county committee of a political party other than the executive committee of the county committee.

Rules:          22 NYCRR 100.3(b)(5)(1)

Opinion:

         A full-time judge wants to know if the judge’s principal law secretary or personal secretary, who are personal appointees of the judge, may be permitted to serve as members of the county committee of a political party.

         Rule 100.3(b)(5)(i) of the Rules of the Chief Administrator provides:

A judge shall prohibit members of his or her staff who are the judge’s personal appointees from engaging in the following political activity: (i) holding an elective office in a political party, or a club or organization related to a political party, except for delegate to a judicial nominating convention or member of a county committee other than the executive committee of a county committee.

         The Rule allows the personal appointees of the judge to be members of the county committee other than the executive committee of a county committee. It therefore follows that the performance of functions that are associated with such a position is permissible even if the position is commonly and colloquially referred to as that of “district leader” in the particular locality.