Opinion 97-04

March21,1997

Hon.

Dear Judge

         This is in response to your inquiry of December 31,1996 (97-04) in which you ask whether the treasurer of your 1995 campaign for the position of Town Judge, in returning to contributors the unexpended funds, may request that such funds be contributed to your 1994 campaign for the position of County Court judge, which had a deficit.

         In the Committee's view, its reference to various Committee opinions in our response to your prior inquiry (96-71) should have sufficed. No such use of unexpended campaign funds is permissible. Moreover, any such solicitation of contributions would violate section 100.5(A)(5) of the Rules Governing Judicial Conduct, which specifically states that a campaign committee "may solicit and accept such contributions and support only during the Window Period." In this instance, it is obvious that any such solicitation would be substantially beyond the limits of the Window Period.

Very truly yours,

George D. Marlow

Dutchess County Court Judge

Co-Chair

Thomas P. Flaherty

Justice of the Supreme Court

Co-chair