May a New York judge or judicial candidate make political contributions, and do the same limits bind the judge's family?

Plain-English summary

Revisiting issues last addressed in N.Y. State 91 (1968) and N.Y. State 289 (1973) under the now-superseded Judicial Canons, the committee answered four questions about political contributions by judges and judicial candidates under the Code of Judicial Conduct (CJC). It again stressed that its jurisdiction in judicial ethics is limited to the CJC and applicable provisions of the Code of Professional Responsibility, and that it does not interpret the Election Law or the OCA Rules.

On the first three questions, the committee held: a candidate for judicial office may contribute to the candidate's own campaign to the extent the law permits (CJC Canon 7A(2); Election Law section 17-162); a candidate may not contribute to a political party or other political organization after becoming a candidate (Canon 7A(1)(c), 7A(2)); and a sitting judge may not contribute to any political party or organization at all (Canon 7A(1)(c), 7A(2); OCA Rule 100.7(b)), with a narrow exception for purchasing tickets to politically sponsored dinners during a defined window around the election.

On the fourth question, the committee distinguished how the rules treat family members. Some provisions reach a judge's household relatives directly (Canon 5C(4)), and Canon 7B(1)(b) requires the judge to prevent subordinates from doing what the judge cannot. Canon 7 does not, however, directly bar family contributions; it requires only that the judge encourage family members to adhere to the same standards of political conduct (Canon 7B(1)(a)). The committee concluded that a judge should encourage relatives not to make contributions the judge could not make, but is not sanctioned when relatives over whom the judge has no control, and whose conduct cannot be imputed to the judge, contribute anyway (citing N.Y. City 888).

Currency note

This opinion was issued in 1987, under New York's former Code of Professional Responsibility and the then-current Code of Judicial Conduct. New York replaced the Code of Professional Responsibility with the Rules of Professional Conduct in 2009, and judicial political activity is now governed by the Rules Governing Judicial Conduct (22 NYCRR Part 100). Subsequent rule 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 Treat this page as historical context, not current guidance.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 a New York judicial candidate contribute to their own campaign?

A: Yes, to the extent the law allows. The committee held that a candidate for judicial office may contribute to the candidate's own campaign under Canon 7A(2) and Election Law section 17-162.

Q: Can a judicial candidate or sitting judge contribute to a political party?

A: No. The committee held that a candidate may not contribute to a party after nomination, and a sitting judge may not contribute to any political party or organization, subject only to the narrow ticket-purchase exception under the OCA Rules.

Q: Is a judge responsible for political contributions made by family members?

A: Not for independent ones. The committee held that a judge must encourage family members to follow the same standards but is not sanctioned when relatives the judge cannot control make contributions that cannot be imputed to the judge.

Background and rules framework

The opinion applied the Code of Judicial Conduct to judges and, through DR 8-103(A), to lawyers who are candidates for judicial office. The governing provisions were Canon 7A(1)(c) and 7A(2) (contributions to political organizations), Canon 7B(1)(a) (encouraging family adherence), Canon 7B(1)(b) (subordinates), and Canon 5C(4) (household family members). Under the current Model Rules, a lawyer who is a candidate for judicial office is directed to the applicable judicial conduct rules by Rule 8.2(b).

Citations and references

Rules of Professional Conduct:

• MR 8.2(b) (lawyer who is a candidate for judicial office must comply with the applicable Code of Judicial Conduct)
• NY DR 8-103(A); CJC Canon 5C(4); Canon 7A(1)(c), 7A(2); Canon 7B(1)(a), 7B(1)(b)

Statutes:

• N.Y. Election Law section 17-162 (limits on contributions by candidates for judicial office)

Other opinions cited:

• N.Y. State 91 (1968); N.Y. State 289 (1973): earlier guidance on judicial-candidate fundraising under the prior Judicial Canons
• N.Y. City 888 (1976): a judge may remain on the bench when a spouse engages in political activity not imputable to the judge

See also

• NY State Bar Op. 585: Judges and a bar association that funds a PAC
• NY State Bar Op. 612: A judge's campaign use of the "judge" or "justice" title
• NY State Bar Op. 1071: Partisan political activity by a police oversight lawyer

Source

• Landing page: https://nysba.org/opinion-586/