Opinion 95-83

June 8, 1995

Digest:         A candidate for a full-time judicial office may not simultaneously serve as a delegate to his/her party’s judicial convention.

Rules:          Code of Judicial Conduct, Canon 7A(1)(a); 22 NYCRR 100.7

Opinion:

         A candidate for full-time judicial office inquires as to the appropriateness of simultaneously serving as a delegate to his/her party’s judicial convention.

         Section 100.7 of the Rules of the Chief Administrator of the Courts states that no judge during a term of office shall hold any office in a political party or organization. Canon 7 of the Code of Judicial Conduct provides:

         A.      Political Conduct in General

         1.       a judge or a candidate for election to judicial office should not:

(a)act as a leader or hold any office in a political organization [emphasis supplied]) .

         We previously determined that the Code of Judicial Conduct and other rules applicable to judicial elections apply to judicial candidates to the same extent as they do to sitting judges (see, Opinion 87-24, Vol. I). The position of delegate to a judicial nominating convention is an office of a political party (see, 22 NYCRR 100.3[b][5][i]). Thus, a candidate for judicial office may not simultaneously serve as a delegate to his/her political party’s judicial nominating convention.