The Advisory Committee on Judicial Ethics responds to written inquiries from New York state's approximately 3,600 judges and justices, as well as hundreds of judicial hearing officers, support magistrates, court attorney-referees, and judicial candidates (both judges and non-judges seeking election to judicial office). The committee interprets the Rules Governing Judicial Conduct (22 NYCRR Part 100) and, to the extent applicable, the Code of Judicial Conduct. The committee consists of 27 current and retired judges, and is co-chaired by the Honorable Margaret Walsh, a justice of the supreme court, and the Honorable Lillian Wan, a court of claims judge and acting supreme court justice. 

This responds to your inquiry (20-169) asking whether, upon being sworn in as Surrogate, you must resign from your current position as trustee of the local community college.

In accordance with the New York State Constitution, this Committee has previously advised that a candidate for supreme court, upon taking office, must resign from being a trustee of a local community college that is part of the State University of New York.  The same provision of the constitution applies to judges of the surrogate's court. [1]  Accordingly, you may not continue to serve on the board of trustees of the local community college upon taking judicial office.