AMENDMENTS
NORTH DAKOTA CODE OF JUDICIAL CONDUCT
CANON 4
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G. Practice of Law. A judge shall not practice law. Notwithstanding this prohibition, a judge may act pro se and may, without compensation, give legal advice to and draft or review documents for a member of the judge's family*.
Commentary:
This prohibition refers to the practice of law in a representative capacity and not in a pro se capacity. A judge may act for himself or herself in all legal matters, including matters involving litigation and matters involving appearances before or other dealings with legislative and other governmental bodies. However, in so doing, a judge must not abuse the prestige of office to advance the interests of the judge or the judge's family. See Section 2(B).
The Code allows a judge to give legal advice to and draft legal documents for members of the judge's family, so long as the judge receives no compensation. A judge must not, however, act as an advocate or negotiator for a member of the judge's family in a legal matter.
For purposes of the prohibition under this Canon and N. D. Const. art. VI, § 10, against the practice of law, service in a judge advocate position in a military reserve or guard unit may constitute the practice of law, unless the duties are judicial in nature.
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