January 18, 1990
Digest: A part-time judge may run for election to a local library board where the election is not a primary or general election.
Rules: 22 NYCRR 100.7.
A part-time judge inquires whether he may run for election to the local library board. The particular local library board in question is a nonpartisan group, and is not a municipal corporation, but is a corporation organized under the “Act for the Incorporation of Library Associations,” and is governed by a Board of Trustees who function pursuant to the Education Law and the Not-For-Profit Corporation Law. The electors are all persons holding library cards.
Section 100.7 of the Rules of the Chief Administrator states:
No judge during a term of office shall hold any
office in a political party or organization or
contribute to any political party or political
campaign or take part in any political campaign
except his or her own campaign for elective
Canon 7A(3) of the Code of Judicial Conduct provides:
A judge should resign his office when he becomes a
candidate either in a party primary or in a general
election for a nonjudicial office * * * .
The part-time judge may run for election to the local library board, as it is a nonpolitical, nongovernment office, and as the election is not a primary or general election.