December 11, 1997
A Supreme Court justice need not resign in order to seek elective office
to another court.
22 NYCRR 100.5(B).
A Supreme Court justice inquires whether he/she must resign from the bench
in order to seek election to a judgeship in Surrogate's Court. Pursuant
to section 100.5(B) of the Rules Governing Judicial Conduct, a judge must
resign from judicial office upon becoming a candidate "for elective nonjudicial
office". As the position the judge is seeking is another judicial office,
it is the Committee's opinion that the judge does not have to resign.