JUDICIAL CAMPAIGN ETHICS SUBCOMMITTEE

Advisory Committee on Judicial Ethics

Judicial Campaign Ethics Center
25 Beaver Street
New York, New York 10004
1-888-600-JCEC (5232)
jcec@nycourts.gov
Advisory Committee on
Judicial Ethics
Hon. George D. Marlow
Chair
Hon. Betty Ellerin
Hon. Jerome Gorski
Vice Chairs
Hon. Arnold F. Ciaccio
Subcommittee Chair
Hon. Debra Givens
Hon. James Lack
Hon. Judith McMahon
Hon. Denise Molia
Subcommittee Members
Hon. Edward P. Borrelli
Special Counsel
Judicial Campaign Ethics Center
Laura L. Smith, Esq.
Eugene Colon, Esq.
John Sullivan, Esq.
Staff Counsel
August 18, 2014
Hon. Richard Sherwood
501 Legion Drive
Schenectady, NY 12303
Re: SC2014-075
Dear Judge Sherwood:
Thank you for your attached inquiry, dated August 6, 2014, to the Judicial
Campaign Ethics Center (JCEC). The Judicial Campaign Ethics Subcommittee (the
Subcommittee) has been delegated authority by the full Advisory Committee on
Judicial Ethics (the Committee) to provide candidates for judicial office with prompt
responses to campaign-related ethics questions. The Subcommittee believes that your
inquiry involves campaign-related activity, and therefore has determined that it may
provide a response in this matter.
You have stated that you are currently a Town Judge in the Town of
Guilderland and are now running for Albany County Surrogate's Court Judge.
1. Can I refer to myself as Judge Sherwood in my literature and on my signs? For
example, Judge Sherwood for Surrogate Judge or Elect Judge Sherwood Albany
County Surrogate Court Judge.
Yes. In general, you are advised that you must ensure that all of your campaign
statements are accurate and do not misrepresent factual information or present it in a
misleading manner. See Opinions 12-129(A)-(G); 09-162; 04-16; 22 NYCRR
100.5(A)(4)(a), 100.5(A)(4)(d)(iii), 100.5(A)(4)(e); see also Opinion 12-114 at n.1.
You are further advised that a sitting judge who is a judicial candidate may make
truthful statements about his/her qualifications, including his/her current judicial
status, and may therefore appear in judicial robes, and identify him/herself as a judge
in campaign materials. See 22 NYCRR 100.5(A)(4)(d)(iii); Opinions 07-139; 07-137;
03-90; 94-50; cf. Opinion 04-16. Thus, although you must not create the impression
that you are currently a Surrogate Court Judge, you may refer to yourself as Judge
because you are currently a sitting judge.
Under the facts presented, the specific statements you propose to make during
your campaign appear to be truthful and not misleading, and are therefore permissible.
2. Can I be photographed in my robe and use it in my literature? I know that I cannot
be photographed on the bench.
Yes. As a sitting judge in your window period, you may use a photograph of
yourself in your robes in your campaign literature. See id.
The Subcommittee concurs that you must not use a photograph of yourself on
the bench, because a judge must avoid a public perception of entanglement of the
judiciary itself in the political process. Opinion 05-101; see also 22 NYCRR
100.5(A)(4)(a). Indeed, the full Committee has advised that a judge may not use
photographs in a campaign that might convey the impression that the courthouse is
being used for political purposes and, in particular, to facilitate the candidacy of a
sitting judge. Opinion 05-101.
3. Can I be photographed in front of a Courthouse to use in my literature?
Yes. The full Committee has advised that there is no ethical barrier to the
taking of pictures in locations to which the general public has access for the taking of
photographs, such as in front of the courthouse. Opinion 05-101.
Reliance on this Opinion. Please be advised that provided that your conduct
comports with the advice contained herein, such conduct will be presumed proper for
purposes of any subsequent investigation by the Commission on Judicial Conduct.
You are further advised that this response provided by the Subcommittee, and the
resulting presumption of propriety, applies only to you for conduct undertaken during
your current window period. The presumption is expressly conditioned on the
correctness and completeness of the facts supplied in your attached inquiry.
Mandatory Training Requirement. Please note that all judicial candidates
(except those seeking Town or Village Justice positions) must complete a campaign
ethics training program any time after the candidate makes a public announcement of
candidacy or authorizes solicitation or acceptance of contributions for a known judicial
vacancy, but no later than 30 days after receiving the nomination for judicial office.
22 NYCRR 100.5(A)(4)(f). Please contact us at 1-888-600-JCEC (5232) to register
for the training, or visit our website for further details.
Mandatory Financial Disclosure Requirement. All judicial candidates
(except those seeking Town or Village Justice positions) must file a financial
disclosure form for the preceding calendar year pursuant to either Part 40 or 22
NYCRR 100.5(A)(4)(g). Please visit our Financial Disclosures information page for
general information on Rule 100.5(A)(4)(g), including a list of persons who are
exempt from the rule. If you are not exempt, please contact the Ethics Commission as
soon as possible to make sure you are in compliance.
For Further Assistance. The amended rules and a copy of the Judicial
Campaign Ethics Handbook are also available on our web site. For further assistance
on this or any other campaign-related ethics matter, please do not hesitate to contact
us.
Very truly yours,
Hon. Arnold Ciaccio
Subcommittee Chair
Att.