Outside The Window
Two judges have been admonished for similar conduct by the New York State Commission on Judicial Conduct.
The commission’s press releases are linked here and here.
From 2006 to 2013 Judge Fleming directly and/or indirectly through his law firm made 71 ticket purchases totaling $11,960.55, and two ticket purchases through his spouse totaling $400, to politically sponsored dinners or functions, outside the judge’s “window period”1 of permissible political activity. The judge’s law firm also made 27 prohibited contributions totaling $12,533.48 to political organizations and candidates.
The Commission noted that the Rules, Advisory Opinions and its own decisions over the years have long made it clear that judges may not directly or indirectly make political contributions, with certain narrow exceptions applicable to a limited time when they are running for office.
One Commission member dissented. Richard D. Emery argued that the rule prohibiting political contributions by judges was inconsistent with the First Amendment.
The Commission addressed Mr. Emery’s dissent, noting that the Court of Appeals has upheld the constitutionality of the contributions rule.
Judge Fleming has served as a Justice of the Hamburg Village Court since 2006. His current term expires on April 2, 2018.
And
From 2003 through January 2014, Judge Sakowski directly made 69 prohibited political contributions totaling $20,633, and another 36 totaling about $2,851 through his law firm. Twenty-seven of the contributions by his law firm were for tickets to politically sponsored events outside the judge’s “window period”1 of permissible political activity.
The Commission noted that the Rules, Advisory Opinions and its own decisions over the years have long made it clear that judges may not directly or indirectly make political contributions, with certain narrow exceptions applicable to a limited time when they are running for office.
Three Commission members dissented. Richard D. Emery and Joseph W. Belluck argued that the rule prohibiting political contributions was inconsistent with the First Amendment, and
Richard A. Stoloff argued that the rule should not apply when the contribution is to a national political campaign.
The Commission addressed both dissents, noting that the Court of Appeals has upheld the constitutionality of the contributions rule, and that there is no exception in the rules for national campaigns.
Judge Sakowski has served as a Justice of the Elma Town Court since 1980. His current term expires on December 31, 2015.
The “window” period
The Rules Governing Judicial Conduct permit a publicly announced candidate for elected judicial office to purchase two tickets to a politically sponsored dinner or other political function only during his or her “window period,” defined as a period of nine months before the selection of candidates to six months after the primary, convention, caucus or general election.