Opinion: 97-144

December 11, 1997

Digest:  A Supreme Court justice need not resign in order to seek elective office to another court.

Rules:  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.