Opinion: 99-56

March 11, 1999




Digest: A judge may not use unexpended campaign funds to purchase tickets and a journal advertisement as part of a charitable fund-raising event which will take place after the expiration of the Window Period.
 

Rule:  22 NYCRR 100.0 (Q); 100.4(C)(3)(b)(ii);
           Opinions 87-02 (Vol. I); 90-4 (Vol. V);
            92-70 (Vol. X); 94-25 (Vol. XII); 96-46 (Vol. XIV).
 
 

Opinion:

            A judge would like to use funds from the judge's campaign treasury to purchase tickets and a small advertisement in a journal as part of a charitable fund-raising event which will take place after the Window Period. 22 NYCRR 100.0 (Q).

            Although it is permissible for the judge to purchase tickets and an ad in the charitable journal from personal funds, and to attend the charitable event, this Committee has previously advised that unexpended campaign funds may not be donated to a charity. 22 NYCRR 100.4(C)(3)(b)(ii); Opinions 87-02 (Vol. I); 90-4 (Vol. V); 92-70 (Vol X); 94-25 (Vol. XII); 96-46 (Vol. XIV). The purchase of the tickets and an advertisement for a charitable dinner which will not take place until after the Window Period amounts to a contribution to the charity and is therefore, in our opinion, an improper expenditure of unexpended campaign funds.