Digest:  A judge who is not a candidate for election may not attend an election evening event which is sponsored by a political organization or a candidate's campaign committee.
 

Rule:  22 NYCRR 100.5(A)(1)(g).
 
 

Opinion:

            A judge inquires whether the judge, who is not a candidate for office, may attend parties to be held on election night given for candidates running for judicial and non-judicial offices.

            A judge who is not a candidate for election to judicial office is prohibited from attending political gatherings. 22 NYCRR 100.5(A)(1)(g). The prohibition applies to all political organizations and campaign committee gatherings which are on behalf of judicial and non-judicial candidates. Attendance by non-candidate judges constitutes political activity, and is therefore prohibited.

            Accordingly, the judge should not attend election evening events on behalf of candidates which are sponsored by a political organization or a candidate's campaign committee. If, however, the judicial candidate himself or herself is sponsoring and paying personally for a post-election party, and the event is unrelated to a political party or campaign committee, the judge as a friend of the candidate may attend.