Opinion 96-146

March 19, 1997

         In response to your letter of December 23, 1996, the Advisory Committee has considered your inquiry as to (1) whether a full-time judge may serve as a delegate to a State constitutional convention, and (2) assuming that a full time judge may serve as a delegate, the permissible activities a judge may engage in for the purpose of securing the nomination and election to that position.

         The answer to your first question is found in Article 6, §20(b)(2) of the New York Constitution which states that a judge of the Court of Claims (and certain other full-time judges) is eligible to be a member of a constitutional convention. Further, section 100.5(B) of the Rules Governing Judicial Conduct also provides that a full-time judge may continue to hold judicial office while being a candidate for election to or serving as a delegate in a state constitutional convention if otherwise permitted by law to do so.

         As to your second question, since the Legislature has yet to schedule such a convention, the question is hypothetical and premature, and therefore the Committee is not in a position to provide you with an opinion in the matter.