Current through Register Vol. 46, No. 39, September 25, 2024
(A) Incumbent Judges and Others Running
for Public Election to Judicial Office.
(1) Neither a sitting judge nor a
candidate for public election to judicial office shall directly or indirectly
engage in any political activity except (i) as otherwise authorized by this
section or by law, (ii) to vote and to identify himself or herself as a member
of a political party, and (iii) on behalf of measures to improve the law, the
legal system or the administration of justice. Prohibited political activity
shall include:
(a) acting as a
leader or holding an office in a political organization;
(b) except as provided in
paragraph (3) of this subdivision, being a member of a political organization
other than enrollment and membership in a political party;
(c) engaging in any partisan
political activity, provided that nothing in this section shall prohibit a
judge or candidate from participating in his or her own campaign for elective
judicial office or shall restrict a non-judge holder of public office in the
exercise of the functions of that office;
(d) participating in any political
campaign for any office or permitting his or her name to be used in connection
with any activity of a political organization;
(e) publicly endorsing or
publicly opposing (other than by running against) another candidate for public
office;
(f) making
speeches on behalf of a political organization or another candidate;
(g) attending political
gatherings;
(h)
soliciting funds for, paying an assessment to, or making a contribution to a
political organization or candidate; or
(i) purchasing tickets for politically
sponsored dinners or other functions, including any such function for a
non-political purpose.
(2) A judge or non-judge who is a
candidate for public election to judicial office may participate in his or her
own campaign for judicial office as provided in this section and may contribute
to his or her own campaign as permitted under the Election Law. During the
window period as defined in section
100.0(Q) of this
Part, a judge or non-judge who is a candidate for public election to judicial
office, except as prohibited by law, may:
(i) attend and speak to gatherings on
his or her own behalf, provided that the candidate does not personally solicit
contributions;
(ii)
appear in newspaper, television and other media advertisements supporting his
or her candidacy, and distribute pamphlets and other promotional campaign
literature supporting his or her candidacy;
(iii) appear at gatherings, and in
newspaper, television and other media advertisements with the candidates who
make up the slate of which the judge or candidate is a part;
(iv) permit the candidate's
name to be listed on election materials along with the names of other
candidates for elective public office;
(v) purchase two tickets to, and
attend, politically sponsored dinners and other functions, provided that the
cost of the ticket to such dinner or other function shall not exceed the
proportionate cost of the dinner or function. The cost of the ticket shall be
deemed to constitute the proportionate cost of the dinner or function if the
cost of the ticket is $250 or less. A candidate may not pay more than $250 for
a ticket unless her or she obtains a statement from the sponsor of the dinner
or function that the amount paid represents the proportionate cost of the
dinner or function.
(3) A non-judge who is a candidate for
public election to judicial office may also be a member of a political
organization and continue to pay ordinary assessments and ordinary
contributions to such organization.
(4) A judge or a non-judge who is a
candidate for public election to judicial office:
(a) shall maintain the dignity
appropriate to judicial office and act in a manner consistent with the
impartiality, integrity and independence of the judiciary, and shall encourage
members of the candidate's family to adhere to the same standards of political
conduct in support of the candidate as apply to the candidate;
(b) shall prohibit employees
and officials who serve at the pleasure of the candidate, and shall discourage
other employees and officials subject to the candidate's direction and control,
from doing on the candidate's behalf what the candidate is prohibited from
doing under this Part;
(c) except to the extent permitted by
paragraph (A)(5) of this section, shall not authorize or knowingly permit any
person to do for the candidate what the candidate is prohibited from doing
under this Part;
(d)
shall not:
make pledges or promises of conduct in
office that are inconsistent with the impartial performance of the adjudicative
duties of the office;
with respect to cases, controversies or
issues that are likely to come before the court, make commitments that are
inconsistent with the impartial performance of the adjudicative duties of the
office;
knowingly make any false statement or
misrepresent the identity, qualifications, current position or other fact
concerning the candidate or an opponent; but
(e) may respond to personal
attacks or attacks on the candidate's record as long as the response does not
violate subparagraphs (a) and (d) of this paragraph;
(f) shall complete a campaign
ethics education program developed or approved by the Chief Administrator or
his or her designee within 30 days after the candidate makes a public
announcement of candidacy, files a designating petition with the Board of
Elections, receives a nomination for judicial office, or authorizes
solicitation or acceptance of contributions, whichever is earliest. Written
proof of compliance must be filed with the Judicial Campaign Ethics Center
within 14 days of completing the training, unless the candidate is granted a
waiver of this requirement for good cause shown. This provision shall apply to
all candidates for elective judicial office in the Unified Court System except
for town and village justices
(g) shall file with the Ethics
Commission for the Unified Court System a financial disclosure statement
containing the information and in the form set forth in the annual statement of
financial disclosure adopted by the Chief Judge of the State of New York. Such
statement shall be filed within 20 days following the date on which the judge
or non-judge becomes such a candidate; provided, however, that the Ethics
Commission for the Unified Court System may grant an additional period of time
within which to file such statement in accordance with rules promulgated
pursuant to section
40.1(i)(3) of the
Rules of the Chief Judge of the State of New York (22 NYCRR 40.1).
Notwithstanding the foregoing, compliance with this subparagraph shall not be
necessary where a judge or non-judge already is or was required to file a
financial disclosure statement for the preceding calendar year pursuant to Part
40 of the Rules of the Chief Judge. This requirement shall not apply to
candidates for election to town and village courts.
(5) A judge or candidate for
public election to judicial office shall not personally solicit or accept
campaign contributions, but may establish committees of responsible persons to
conduct campaigns for the candidate through media advertisements, brochures,
mailings, candidate forums and other means not prohibited by law. Such
committees may solicit and accept reasonable campaign contributions and support
from the public, including lawyers, manage the expenditure of funds for the
candidate's campaign and obtain public statements of support for his or her
candidacy. Such committees may solicit and accept such contributions and
support only during the window period. A candidate shall not use or permit the
use of campaign contributions for the private benefit of the candidate or
others.
(6) A judge
or a non-judge who is a candidate for public election to judicial office may
not permit the use of campaign contributions or personal funds to pay for
campaign-related goods or services for which fair value was not
received.
(B) Judge as candidate for nonjudicial
office. A judge shall resign from judicial office upon becoming a candidate for
elective nonjudicial office either in a primary or in a general election,
except that the judge may continue to hold judicial office while being a
candidate for election to or serving as a delegate in a state constitutional
convention if the judge is otherwise permitted by law to do so.
(C) Judge's staff. A judge
shall prohibit members of the judge's staff who are the judge's personal
appointees from engaging in the following political activity:
(1) holding an elective office
in a political organization, except as a delegate to a judicial nominating
convention or a member of a county committee other than the executive committee
of a county committee;
(2) contributing, directly or
indirectly, money or other valuable consideration in amounts exceeding $500 in
the aggregate during any calendar year to all political campaigns for political
office, and other partisan political activity including, but not limited to,
the purchasing of tickets to political functions, except that this $500
limitation shall not apply to an appointee's contributions to his or her own
campaign. Where an appointee is a candidate for judicial office, reference also
shall be made to appropriate sections of the Election Law;
(3) personally soliciting
funds in connection with a partisan political purpose, or personally selling
tickets to or promoting a fund-raising activity of a political candidate,
political party, or partisan political club; or
(4) political conduct
prohibited by section
50.5 of the Rules of the Chief
Judge (22 NYCRR 50.5).