Ethics Opinion 276

Ethics Opinion 276

12.14.1972

By Committee on Professional Ethics

NEW YORK STATE BAR ASSOCIATION

Committee on Professional Ethics

Opinion #276 -12/14/1972 (60-72)

Topic: Town Justice running for non-judicial office
Digest: Town Justice must resign when running for a non-judicial office
Code of Judicial Conduct: Canon 7(A)(3)

QUESTION

Must a non-lawyer town justice resign the position as town justice when he runs for non-judicial office?

OPINION

Canon 7(A)(3) of the Code of Judicial Conduct, provides in pertinent part:”A judge should resign from his office when he becomes a candidate either in party primary or in a general election for a non-judicial office…”Accordingly, a Town Justice whether a lawyer or a non-lawyer must resign from his office when he becomes a candidate for non­judicial office.         Opinions under old Canon 30 of the Canons of Judicial Ethics reached the same conclusion. N.Y. State 197 (1971); N.Y. State 30 (1966); ABA 193 (1939).