Opinion 95-73

April 27, 1995

Please Note: A non-judge candidate for elective judicial office, as a rank-and-file member of a political party's state committee, may participate in the committee's candidate designation process only to the extent of voting to designate him/herself, and must continue to abide by all applicable limitations of 22 NYCRR 100.5. See Opinion 24-131 for more detailed guidance on this topic.

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.