The Advisory Committee on Judicial Ethics responds to written inquiries from New York state's approximately 3,600 judges and justices, as well as hundreds of judicial hearing officers, support magistrates, court attorney-referees, and judicial candidates (both judges and non-judges seeking election to judicial office). The committee interprets the Rules Governing Judicial Conduct (22 NYCRR Part 100) and, to the extent applicable, the Code of Judicial Conduct. The committee consists of 27 current and retired judges, and is co-chaired by the Honorable Margaret Walsh, a justice of the supreme court, and the Honorable Lillian Wan, a court of claims judge and acting supreme court justice.

We respond to your inquiry (20-114) concerning your campaign conduct.  We understand you and another candidate are vying for election to a judicial office neither currently holds; the incumbent is not seeking re-election.  Your opponent is a high-level employee of a governmental office or agency that appears in the court to which you seek election, but does not head the agency.  You ask us to review the following issues:

1. May you pledge that you "will make decisions and appointments without regard to a. political affiliation; b. cronyism c. nepotism"?