JUDICIAL CAMPAIGN ETHICS SUBCOMMITTEEAdvisory Committee on Judicial Ethics

Judicial Campaign Ethics Center25 Beaver Street

New York, New York 10004 1-888-600-JCEC (5232)

jcec@nycourts.gov

Advisory Committee on Judicial Ethics

Hon. George D. MarlowChair

Hon. Betty EllerinHon. Jerome Gorski

Vice Chairs

Hon. Arnold F. CiaccioSubcommittee Chair

Hon. Debra GivensHon. James LackHon. Judith McMahonHon. Denise MoliaSubcommittee Members

Hon. Edward P. BorrelliSpecial Counsel

Judicial Campaign Ethics CenterLaura L. Smith, Esq.Eugene Colon, Esq.John Sullivan, Esq.Staff Counsel

August 18, 2014

Hon. Richard Sherwood501 Legion DriveSchenectady, NY 12303

Re: SC2014-075

Dear Judge Sherwood:

Thank you for your attached inquiry, dated August 6, 2014, to the JudicialCampaign Ethics Center (“JCEC”). The Judicial Campaign Ethics Subcommittee (the“Subcommittee”) has been delegated authority by the full Advisory Committee onJudicial Ethics (the “Committee”) to provide candidates for judicial office with promptresponses to campaign-related ethics questions. The Subcommittee believes that yourinquiry involves campaign-related activity, and therefore has determined that it mayprovide a response in this matter.

You have stated that you are currently a Town Judge in the Town ofGuilderland 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? Forexample, “Judge Sherwood for Surrogate Judge” or “Elect Judge Sherwood AlbanyCounty Surrogate Court Judge.”

Yes. In general, you are advised that you must ensure that all of your campaignstatements are accurate and do not misrepresent factual information or present it in amisleading manner. See Opinions 12-129(A)-(G); 09-162; 04-16; 22 NYCRR100.5(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 maketruthful statements about his/her qualifications, including his/her current judicialstatus, and may therefore appear in judicial robes, and identify him/herself as a judgein 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 impressionthat 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 duringyour 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 cannotbe photographed on the bench.

Yes. As a sitting judge in your window period, you may use a photograph ofyourself in your robes in your campaign literature. See id.

The Subcommittee concurs that you must not use a photograph of yourself onthe bench, because a judge must avoid “a public perception of entanglement of thejudiciary itself in the political process.” Opinion 05-101; see also 22 NYCRR100.5(A)(4)(a). Indeed, the full Committee has advised that a judge may not usephotographs in a campaign that “might convey the impression that the courthouse isbeing used for political purposes and, in particular, to facilitate the candidacy of asitting 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 thetaking of pictures in locations to which the general public has access for the taking ofphotographs, such as in front of the courthouse.” Opinion 05-101.

Reliance on this Opinion. Please be advised that provided that your conductcomports with the advice contained herein, such conduct will be presumed proper forpurposes of any subsequent investigation by the Commission on Judicial Conduct. You are further advised that this response provided by the Subcommittee, and theresulting presumption of propriety, applies only to you for conduct undertaken duringyour current window period. The presumption is expressly conditioned on thecorrectness 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 campaignethics training program “any time after the candidate makes a public announcement ofcandidacy or authorizes solicitation or acceptance of contributions for a known judicialvacancy, 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 registerfor 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 financialdisclosure form for the preceding calendar year pursuant to either Part 40 or 22NYCRR 100.5(A)(4)(g). Please visit our Financial Disclosures information page forgeneral information on Rule 100.5(A)(4)(g), including a list of persons who areexempt from the rule. If you are not exempt, please contact the Ethics Commission assoon as possible to make sure you are in compliance.

For Further Assistance. The amended rules and a copy of the JudicialCampaign Ethics Handbook are also available on our web site. For further assistanceon this or any other campaign-related ethics matter, please do not hesitate to contactus.

Very truly yours,

Hon. Arnold CiaccioSubcommittee Chair

Att.