Opinion 88-142

December 8, 1988

Topic:                    Town Justice seeking election to local board of education.

Digest:                   A town justice may not seek election to or sit on the board of education.

Rules:                    Canon 7A(3) of the Code of Judicial Conduct; 22 NYCRR 100.7.

Opinion:

         A town justice wishes to run for election to the district board of education.

         Canon 7A(3) of the Code of Judicial Conduct states that “a judge should resign his office when he becomes a candidate either in the party primary or in a general election for a non-judicial office...” In addition, section 100.7 of Rules of the Chief Administrator provides that:

No judge during a term of office shall hold any office in a political party or organization or contribute to any political party or political campaign or take part in any political campaign except his or her own campaign for elective judicial office.

As a position on the local board of education is an elective political office which may involve political and controversial issues, the town justice is prohibited by the preceding provisions from seeking election to the board of education.