WAMPSVILLE, N.Y. (WSYR-TV) — A man who police say overdosed on illegal drugs resigned from his job as an assistant district attorney but hasn’t withdrawn from his candidacy for Madison County Court Judge.

Bradley Moses was scheduled to clean out his office and submit his formal resignation late Monday, according to Madison County District Attorney William Gabor.

“He wasn’t given any options and within one minute of the one-hour conversation last Tuesday, he and I agreed, he’d be resigning,” Gabor said to NewsChannel 9.

Moses no longer has a badge or access to district attorney records, Gabor shares, but his resignation doesn’t take effect until September 30 because of paid time-off and what the DA calls “family leave.”

When Gabor was asked about Moses’ candidacy for county judge, he said, “I have thoughts on that and I have shared my thoughts with Mr. Moses about that… I think I’ll keep my thoughts about Mr. Moses to myself on that unrelated issue.”

When Moses’ resignation takes effect, his name is still set to appear on the ballot for Madison County Court Judge. He’s the only candidate, endorsed by both the Republican and Conservative Parties.

Republican Chairman Todd Rouse emails NewsChannel 9: “The Madison County Republican Committee will determine next steps related to the upcoming election once I have a clear and firm understanding of the current candidate’s intentions.”

Chairman of the Conservative Party, Chris Kendall, is publicly asking Moses to suspend his campaign. He said he could voluntarily do so by Wednesday, for his name to be removed from the ballot.

“Once you are an announced candidate, you are subject to the rules of judicial conduct. What happened last Saturday night is definitely something they will look into if he is seated as a judge,” said Kendall.

If Moses continues, Kendall plans to organize a write-in campain.

Moses isn’t facing any criminal charges because of New York’s Good Samaritan law, which lets people call 911 without fear of arrest if they are having or witnessing a drug or alcohol overdose that requires medical care.

Since there are no criminal charges, running is a gamble for Moses — if he stays in the election and wins, he’ll face a judicial review investigation, which could lead to him being disbarred.