RULE 1.12 FORMER JUDGE, ARBITRATOR, MEDIATOR,
ADJUDICATIVE OFFICER, THIRD-PARTY NEUTRAL, AND LAW CLERKS
(a) Except as stated in paragraph (d), a lawyer shall not represent anyone
in connection with a
matter in which the lawyer participated personally and substantially as a judge or other
, arbitrator or law clerk to such a person, or as an arbitrator,
mediator, or other third-party
neutral, unless all parties to the proceeding consent in writing after consultation.
(b) A lawyer shall not negotiate for employment with any person who is
involved as a party or as
attorney for a party in a matter in which the lawyer is participating personally and substantially
a judge or other adjudicative officer
, or arbitrator, mediator, or other
third-party neutral. A lawyer
serving as a law clerk to a judge , or other adjudicative officer
or, arbitrator, mediator, or other third-party neutral may
negotiate for employment with a party or attorney involved in a matter in which
the clerk is participating personally and substantially, but only after the lawyer has notified the
judge , or other adjudicative officer or,
arbitrator, mediator, or other third-party neutral.
(c) If a lawyer is disqualified by paragraph (a), no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in the matter unless:
Thethe disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; and
Writtenwritten notice is promptly given to the parties and any appropriate tribunal to enable them to ascertain compliance with the provisions of this rule.
(d) An arbitrator selected as a partisan of a party in a multi-member arbitration panel is not prohibited from subsequently representing that party.
 This Rule generally parallels Rule 1.11. The term "personally and
substantially" signifies that
a judge who was a member of a multimember court, and thereafter left judicial office to practice
is not prohibited from representing a client in a matter pending in the court, but in which the
judge did not participate. So also the fact that a former judge exercised administrative
in a court does not prevent the former judge from acting as a lawyer in a matter where the judge
previously exercised remote or incidental administrative responsibility that did not affect the
The term "adjudicative officer" includes such officials as judges pro tempore, referees, special
masters, hearing officers and other parajudicial officers
, mediators, fact finders,
also lawyers who serve as part-time judges. The compliance section of the Rules of
Conduct Paragraphs (A)(2), (B)(2) and (C) of the Compliance section of
the North Dakota Code of
Judicial Conduct provide that a part-time judge, judge pro tempore or retired judge recalled
service, may not "act as a lawyer in a proceeding in which the person has served as a judge or in
other proceeding related thereto." This rule is consistent with the Rules of Judicial
 Like former judges, lawyers who have served as arbitrators, mediators or other third-party neutrals may be asked to represent a client in a matter in which the lawyer participated personally and substantially. This Rule forbids such representation unless all of the parties to the proceedings give their consent in writing. See Rule 1.0(b). Other law or codes of ethics governing third-party neutrals may impose more stringent standards of personal or imputed disqualification. See Rule 2.3.
 Although lawyers who serve as third-party neutrals do not have information concerning the parties that is protected under Rule 1.6, they typically owe the parties an obligation of confidentiality under law or codes of ethics governing third-party neutrals. Thus, paragraph (c) provides that conflicts of the personally disqualified lawyer will be imputed to other lawyers in a law firm unless the conditions of that paragraph are met.
 Requirements for screening procedures are stated in Rule 1.0(n). Paragraph (c)(1) does not prohibit the screened lawyer from receiving a salary or partnership share established by prior independent agreement, but that lawyer may not receive compensation directly related to the matter in which the lawyer is disqualified.
 Notice, including a description of the screened lawyer's prior representation and of the screening procedures employed, should be given as soon as practicable after the need for screening becomes apparent.
Reference: Minutes of the Professional Conduct Subcommittee of the Attorney Standards Committee on 04/26/85 and 01/31/86; Minutes of the Joint Committee on Attorney Standards on 11/14/03, 11/19/04, 06/14/05, 09/09/05.