Financial Disclosure Requirement

Overview

Both judge and non-judge candidates for state-paid elective judicial office must file a financial disclosure statement for the preceding calendar year. 22 NYCRR 100.5(A)(4)(g); 100.6(A); NY Rules of Professional Conduct, Rule 8.2(b).

Please note: This is different from, and in addition to, any disclosures of campaign receipts and expenditures that must be made to the Board of Elections or other agencies under the Election Law.

 

Who is Included Under Rule 100.5(A)(4)(g)?

Individuals seeking election to any judicial office other than town or village positions, such as:

  • Supreme Court
  • County Court
  • Surrogate’s Court
  • Family Court (outside of NYC)
  • City Court
  • NYC Civil Court
  • District Court (Nassau and Suffolk)

 

Who is Exempt?

Part 40 Filers. Individuals who already are (or were) required to file a financial disclosure statement for the preceding calendar year under Part 40.

Town & Village Justice Candidates. Individuals seeking election to town and village courts.

Non-Candidates. Individuals who are only “testing the waters” (e.g., Opinion 02-34) by privately meeting with party leaders.

 

When is the financial disclosure due?

Rule 100.5(A)(4)(g) states: “Such statement shall be filed within 20 days following the date on which the judge or non-judge becomes such a candidate; provided, however, that the Ethics Commission for the Unified Court System may grant an additional period of time within which to file such statement....”

 

How do I know if I am a candidate?

Under Rule 100.0(A), “[a] person becomes a candidate for public office as soon as he or she makes a public announcement of candidacy, or authorizes solicitation or acceptance of contributions.”

If you are uncertain whether you meet this definition, you may ask the Judicial Campaign Ethics Center.

 

What if I believe that the 20 days has expired?

We are advised that the Ethics Commission is a repository for judicial candidates’ financial disclosure statements, not an enforcement entity. We would therefore recommend that candidates file promptly upon learning of the financial disclosure requirement, even if the deadline may have elapsed.

 

What forms must I use, what must I disclose, and where should I file?

Please visit the Ethics Commission’s website or contact the Ethics Commission at 212-428-2899 or EthicsComm@nycourts.gov for questions about the financial disclosure forms and instructions.