Digest: (1) A judge may not serve as a delegate or otherwise participate in the national convention of a political party. (2) A judge may attend the national convention of a political party as a spectator only if the judge is a candidate for judicial office and the convention takes place during the Window Period.
 

Rule:  22 NYCRR 100.0(Q); 100.5(A)(1)(a), (c),(d),(e),(f),(g) and (i);
           100.5(A)(2); 100.5(A)(2)(v);
           Opinion 96-73/80 (Vol. XIV).
 

Opinion:

            A judge asks if it is permissible to attend a national convention of a major political party as a delegate, or, if not as a delegate, in any other capacity.

            The Rules Governing Judicial Conduct prohibit a judge from attending political gatherings, acting as a leader or holding an office in a political organization, engaging in partisan political activity, publicly endorsing or opposing candidates for office or making speeches on behalf of candidates, all of which are activities associated with the role of a delegate to a political convention that is assembled to nominate candidates for political office. 22 NYCRR 100.5(A)(1)(a),(c),(d),(e),(f) and (g). The Rules, however, do permit a judge to purchase two tickets to and attend a politically sponsored function during the Window Period where the judge is a candidate for election or re-election to judicial office. 22 NYCRR 100.0(Q); 100.5(A)(1)(g) and (i); 100.5(A)(2); 100.5(A)(2)(v).

            The national convention is, of course, a political gathering. The prohibition on attending such a gathering is unequivocal, regardless of the fact that it is sponsored by the national party rather than the state or local party organization and it is held outside of New York State. Opinion 96-73/80 (Vol. XIV). Therefore, the judge may not serve as a delegate or participate in any way in the convention. 22 NYCRR 100.5(A)(1) (a),(c),(d),(e),(f) and (g); Opinion 96-73/80 (Vol. XIV). Nor may the judge attend the convention unless the judge is a candidate for election or re-election to judicial office and the convention falls within the Window Period. 22 NYCRR 100.0(Q); 100.5(A)(1)(g) and (i);100.5(A)(2); 100.5(A)(2)(v). Under that circumstance, the judge may attend as a spectator but is otherwise constrained by the limitations on political activity specified in the Rules.