Opinion 22-176

December 15, 2022

Please Note: Although this opinion uses the term “nominating petition,” the same principles also apply to designating petitions and opportunity to ballot petitions.

Question:          Must a judge who authorizes or knowingly permits their name to appear on a publicly circulated nominating petition as a candidate for nonjudicial office resign from judicial office?

Discussion:        The inquiring judge’s term of office will end on December 31, 2023, and while the judge does not plan to run for re-election or any other position in 2023, certain local officials wish to circulate a petition nominating the judge for a nonjudicial office. The Committee has previously advised that a sitting judge must not directly or indirectly engage in any political activity and must resign from judicial office upon becoming a candidate for nonjudicial office either in a primary or in a general election (see Opinion 21-50; see 22 NYCRR 100.0[A] and 100.5[B]). Here, “authorizing or knowingly permitting the judge’s name to be circulated to the public on a nominating petition is likewise a clear public manifestation of the judge’s interest in being elected to the position” and thus constitutes a public announcement of candidacy (Opinion 21-50). Once the judge becomes a candidate, the inquiring judge must resign from judicial office.

Enclosed:          Opinion 21-50.