October 7, 2014
PERSONAL AND CONFIDENTIAL
This responds to your inquiry (14-109) asking the Committee to reconsider Opinion 03-129, which states that a judge who is constitutionally barred from holding “another public office or trust” (NY Const art VI §20[b]) may not serve as a notary public; and, therefore, may not carry petitions to be designated by other parties in his/her re-election efforts.
The Committee has already reconsidered Opinion 03-129 and has adhered to its original opinion that a judge who is constitutionally barred from holding “another public office or trust” (NY Const art VI §20[b]) cannot serve as a notary public (see Opinion 13-111). You may, if you wish, seek a change in the law, in any manner permitted by the Rules Governing Judicial Conduct and the Committee’s prior opinions. Our authority does not permit us to alter an unambiguous law.
Enclosed, for your convenience, are Opinions 13-111 and 03-129 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)