Opinion 95-73

April 27, 1995

NOTE: Please consult 22 NYCRR 100.5(A)(1)(a), which applies to both judge and non-judge judicial candidates, before relying on this opinion.

Digest:         A candidate for judicial office must resign the political office of chairman of the committee of a town political party but is not obligated, as a candidate, to resign as a member of the state committee of the party.

Rule:            Code of Judicial Conduct, Canon 7(1)(a)

Opinion:

         A candidate for election to the office of town justice is presently chairman of the town committee of a political party and is also a member of the committee of the state party as representative of an assembly district. The candidate seeks "a ruling or guidance with respect to when my participation in such political activity should terminate."

         In the opinion of the Committee, the inquirer must resign the political office of town chairman now, by virtue of being a candidate for judicial office, but is not obligated, as a candidate, to resign as a member of the state committee of the party.