State judges who wish to serve in nonjudicial elective offices must resign if they plan to run for the position, the Colorado Supreme Court’s ethics panel has determined.

The May 18 opinion from the court’s Judicial Ethics Advisory Board responded to a judge who asked about standing for election to one of the seven at-large seats on Colorado Mountain College’s Board of Trustees. The judge was reportedly “approached to run for election” to the board, prompting the question to the advisory panel about whether campaigning for a seat would violate the Code of Judicial Conduct.

In its response, the ethics advisory board explained that Colorado adheres to a “resign to run” rule, meaning a judge could serve as an appointed trustee but must leave the bench if he or she needs to campaign for the position.

“In campaigns for nonjudicial elective public office, candidates may make pledges, promises, or commitments related to positions they would take and ways they would act if elected to office,” reads the commentary to Rule 4.4 of the code of conduct. “Although appropriate in nonjudicial campaigns, this manner of campaigning is inconsistent with the role of a judge, who must remain fair and impartial to all who come before him or her.”

The ethics advisory panel cited other jurisdictions, including Nevada, Kansas, New York and Washington, that previously determined their states’ judges could not stand for election to either K-12 or higher education governing boards.

Therefore, the panel advised the judge to resign his or her position in order to run for the Colorado Mountain College board.