Opinion 118

The Commission has been asked for an Advisory Opinion with respect to the following questions:

1. As to whether the Solicitor of a State Court must resign before becoming a candidate for Judge of that Court, as to which the answer is no.*

2. As to whether the Chairman of a County Democratic Committee and Vice President of the Georgia Association of Democratic County Chairman, and member of the State Committee of the Democratic Party, must resign from these positions upon becoming a candidate for judicial office, as to which the answer is yes, in view of the provisions of Rule 4.1(A)(1) which provides as follows:

(A) A judge or a judicial candidate for public election to judicial office shall not: (1) act or hold himself or herself out as a leader or hold any office in a political organization;

*But, Art. 2, Sec. 2, Par. 5 of the Constitution provides that the office of any elected official shall be declared vacant upon such official qualifying for another elective office which begins more than 30 days prior to the expiration of such official’s present term of office.

[Pertinent Code of Judicial Conduct provisions: Canon 1, Rules 3.7(A)(1), 3.11, 4.1(A), 4.1(B), 4.2(A), 4.2(B). Cross reference to other relevant opinions for review: #1, #26, #29, #36, #39, #58, #83, #108, #118, #124, #147, #165.]

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