Opinion 24-106

June 20, 2024

Digest:  A part-time judge who owns an investment advisory firm and is not in his/her window period for election may neither permit the firm to sponsor a golf tournament to benefit the election campaign of a candidate for public office nor participate personally in such an event.

Rules:   22 NYCRR 100.0(Q); 100.2; 100.2(A); 100.5(A)(1); 100.5(A)(1)(e), (g)-(i); Opinion 23-81.

Opinion:

          A part-time judge who is the sole owner and operator of an investment advisory firm asks if the firm may sponsor a golf tournament to benefit the election campaign of a non-judicial official.  The judge would also like to play in the tournament.  The judge is not in his/her window period for election or re-election to judicial office.

          A judge must always avoid even the appearance of impropriety (see 22 NYCRR 100.2) and act to promote public confidence in the judiciary’s integrity and impartiality (see 22 NYCRR 100.2[A]).  A sitting judge must not “directly or indirectly engage in any political activity,” unless an exception applies (22 NYCRR 100.5[A][1]).  For example, a judge may not publicly endorse a candidate (see 22 NYCRR 100.5[A][1][e]) or solicit funds for or contribute to a political organization or candidate (see 22 NYCRR 100.5[A][1][h]).  A judge also may not attend any politically sponsored events outside the applicable window period (see 22 NYCRR 100.5[A][1][g], [i]; see also 22 NYCRR 100.0[Q] [defining “window period”]).

          We have said a judge may not host an event at his/her home for a federal legislator to discuss national issues, although it was intended to be “non-partisan” and “non-political,” because it “would unavoidably create the impression that the judge is engaging in impermissible political activity” (Opinion 23-81).

          The golf tournament here is unquestionably a politically sponsored event, as it is a fund-raiser for another public official’s election campaign.  On the facts presented, the judge may neither allow his/her business to sponsor the golf tournament nor participate in it personally.