Opinion 07-91

June 7, 2007

Digest:         A judge or candidate for elective judicial office who declines to engage in the evaluation process pursuant to the Part 150 Independent Judicial Election Qualification Commissions is not thereby in violation of the Part 100 rules governing judicial conduct or the Code of Judicial Conduct.

Rules:          Judiciary Law, Section 212 (2) (l); 22 NYCRR100.5(A)(7); 22 NYCRR Part 101; 22 NYCRR Part 150.

Opinion:

         A judge who is a candidate for elective judicial office asks whether he/she would violate the Rules Governing Judicial Conduct, the Code of Judicial Conduct, or Part 150 of the Rules of the Chief Administrator of the Courts should he/she decline to engage in any aspect of the evaluation process of the Part 150 Independent Judicial Election Qualification Commissions. The judge also asks whether, as a candidate for elective judicial office, he/she would be subject to disciplinary action by the Commission on Judicial Conduct for declining to so participate or to co-operate with the aforesaid Commissions.

         A newly promulgated section of the Rules Governing Judicial Conduct states, “Independent Judicial Election Qualifications Commissions, created pursuant to Part 150 of the Rules of the Chief Administrator of the Courts, shall evaluate candidates for elective judicial office, other than Town or Village Court.” 22 NYCRR100.5(A)(7).

         Nothing in Part 100 of the Rules Of the Chief Administrator of the Courts (governing judicial conduct), in the Code of Judicial Conduct, or in Part 150 of the Rules of the Chief Administrator (governing the Independent Judicial Election Qualification Commissions) requires judges or candidates for elective judicial office to cooperate with the Part 150 Commissions. Absent such a mandate, there is no ethics violation should a judge or candidate for elective judicial office decline to engage in the Commissions’ evaluation process.

         The jurisdiction of the New York State Commission on Judicial Conduct is set forth in the New York State Constitution, statutes, and rules. The jurisdiction of this Advisory Committee on Judicial Ethics, as set forth in Judiciary Law Section 212 (2) (l), is limited to providing responses to questions of judicial ethics submitted by judges and certain quasi judicial officers concerning their own conduct. Therefore, this Committee may not respond to that portion of this inquiry which asks about the disciplinary authority of the New York State Commission on Judicial Conduct. See also 22 NYCRR Part 101.