May an incumbent New York judge be shown wearing judicial robes in campaign literature?

Plain-English summary

The committee was asked whether an incumbent judge may be depicted in judicial robes in campaign literature. In N.Y. State 289 (1973), the committee had issued general campaign guidelines for judicial office, one of which (paragraph C(5)) prohibited campaign material depicting an incumbent judge "in his judicial robes." The committee observed that, despite that guideline, many judges do wear a robe in their campaign literature, and it took notice of ABA Informal Opinion 1450 (1980), which ruled that there is no violation of the Code of Judicial Conduct when an incumbent judge in a re-election campaign allows use of a photograph of himself in his judicial robe, if the photograph is otherwise proper and if he normally wears the robe in performing his judicial duties.

The committee explained that the robe prohibition in N.Y. State 289 had been only an example of the broader principle that an incumbent judge's campaign material should not arouse reasonable suspicion that he is using the power or prestige of his judicial office to promote his candidacy. Recognizing that wearing a robe in campaign literature is a prevalent practice, and that consistency of precedent is itself desirable, the committee adopted the position of ABA Informal Opinion 1450 and modified paragraph C(5) of N.Y. State 289 to remove the words barring depiction of the judge "in his judicial robes," while retaining the bar on showing the judge "in court." It cited Florida Opinion 73-15 and Washington Opinion 48 in accord. The question was answered in the affirmative, subject to the qualifications of ABA Informal Opinion 1450.

Currency note

This opinion was issued in 1984, before New York replaced the Code of Professional Responsibility with the Rules of Professional Conduct in 2009, and it interprets the Code of Judicial Conduct, which has itself been revised since. Subsequent amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can an incumbent judge be shown in judicial robes in campaign material?

A: Yes. The committee modified its earlier guideline and held there is no restriction on depicting an incumbent judge in judicial robes, subject to the qualifications of ABA Informal Opinion 1450.

Q: What is the governing principle if not a flat ban on robe images?

A: The committee held that campaign material must not arouse reasonable suspicion that the judge is using the power or prestige of judicial office to promote the candidacy; showing the judge in court remains improper.

Q: Did this opinion change an earlier guideline?

A: Yes. It modified paragraph C(5) of N.Y. State 289 (1973) to remove the words barring depiction of a judge in judicial robes.

Background and rules framework

The opinion applied the campaign-conduct principles of Canon 7(B) of the Code of Judicial Conduct, as previously elaborated in the committee's judicial-campaign guidelines (N.Y. State 289). It is a judicial-ethics question governed by the Code of Judicial Conduct rather than the lawyer Disciplinary Rules.

Citations and references

Rules of Professional Conduct:

• CJC Canon 7(B) (Code of Judicial Conduct; political activity of judges)

Other opinions cited:

• N.Y. State 289 (1973): judicial-campaign guidelines (modified here)
• ABA Informal Op. 1450 (1980): photograph of an incumbent judge in robes in a re-election campaign
• Florida Op. 73-15; Washington Op. 48 (in accord)

See also

• NY State Bar Op. 581: Wearing judicial robes in campaign material
• NY State Bar Op. 585: Judge membership in a bar association with a PAC
• NY State Bar Op. 586: Judicial candidate and judge political contributions
• NY State Bar Op. 612: Judge's campaign use of "Judge" or "Justice" title

Source

• Landing page: https://nysba.org/opinion-558/