Opinion 97-121

October 16, 1997

NOTE: Please review Opinion 21-128 before relying on this opinion to calculate the start of the window period for a candidate for Supreme Court.

Digest:         A judge may attend politically sponsored dinners or affairs for a period of six months following the judicial nominating convention at which the judge unsuccessfully sought a party's nomination to be a candidate for another judicial office.

Rules:          22 NYCRR 100.0(Q); 100.5(A)(2)(v).

Opinion:

         A judge who unsuccessfully sought a political party's nomination to run in an election for another judicial office at that party's judicial nominating convention asks if he/she may continue to attend politically-sponsored dinners after the date of the nominating convention.

         Section 100.5(A)(2)(v) of the Rules Governing Judicial Conduct, allows a judge to purchase two tickets to and attend politically sponsored dinners or other functions in support of the judge's candidacy, during the Window Period as defined in section 100.0(Q). Section 100.0 (Q) defines the Window Period as:

... a period beginning nine months before a primary election, judicial nominating convention, party caucus or other party meeting for nominating candidates for the elective judicial office for which a judge or non-judge is an announced candidate, or for which a committee or other organization has publicly solicited or supported the judge's or non-judge's candidacy, and ending, if the judge or non-judge is a candidate in the general election for that office, six months after the general election, or if he or she is not a candidate in the general election, six months after the date of the primary election, convention, caucus or meeting." (Italics added). 22 NYCRR 100.0(Q).

         Therefore, the judge may attend politically sponsored dinners or affairs for a period of six months following the judicial nominating convention at which the judge unsuccessfully sought a party's nomination as a candidate for another judicial office.