OCA Adopts New Rule on Judicial Campaign Donations

The Office of Court Administration has announced that it has adopted, effective July 15, 2011, a new rule under which elected state judges will no longer receive assignments to cases where lawyers, their firms or their clients have contributed $2,500 or more to the judge’s campaigns in the previous two years, or have collectively contributed $3,500 or more.

The key to this is that the new rule is not a discretionary (and subjective) recusal rule — it is an bright-line assignment rule that should make its application much easier.

Chief Judge Lippman proposed the new rules in February. After a public comment period, a final revised rule (Part 151.1) was accepted by the administrative board of the courts.

The final rule makes one significant modification – it allows a non-contributing party to waive the judge’s disqualification if the party believes the judge can be fair and impartial regardless of the fact that the case involves contributors to his or her campaign.

Currently, judges have an ethical duty to remain unaware of donors and stay impartial or recuse themselves from cases.  But citing growing concern over the escalating influence of money in judicial elections, Judge Lippmann said “the new rule will go a long way toward addressing the appearance of conflict that may arise when a judge is assigned a case involving contributors.”

The rule permits Chief Administrative Judge Ann Pfau to issue regulations, if necessary, for the implementation of the campaign limits.

The New York State Bar Association, the Fund for Modern Courts and the New York City Bar Association all endorsed the new rule.