April 7, 2011
This responds to your inquiry (10-207) asking whether you may run for commissioner of the fire district in the district where you reside.
The Rules Governing Judicial Conduct prohibit inappropriate political activity which includes “participating in any political campaign for any office” other than your own campaign for elective judicial office (22 NYCRR 100.5[A][c]-[d]). Therefore, if you wish to run for this position, you must resign from judicial office upon becoming a candidate, as defined in 22 NYCRR 100.0(A), in either a primary or general election (see 22 NYCRR 100.5[B]).
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)