Rules:    22 NYCRR 100.5(B)
 
 
 
 

Opinion:

            A part-time Town Judge asks whether it is ethically permissible to also hold the position of Village Mayor. Although not stated in the inquiry, the Committee assumes that the position of Village Mayor is an elected office. Under that circumstance it is evident that a judge could not seek election to the non-judicial office of Mayor without first resigning from judicial office. Section 100.5(B) of the Rules Governing Judicial Conduct explicitly states that "A judge shall resign from judicial office upon becoming a candidate for elective non-judicial office either in a primary or a general election..." It therefore follows that this barrier to seeking election to the non-judicial office of Village Mayor precludes the inquirer from holding that position.