COMPLIANCE WITH THE CODE OF JUDICIAL CONDUCT
Effective Date: 1/1/2008
Obsolete Date: 5/21/2008
Compliance with a written advisory letter or formal opinion issued by the Judicial Ethics Advisory Committee of the Judicial Conference shall constitute evidence of good faith for consideration in any sanction decision pursuant to a disciplinary proceeding.
Anyone, whether or not a lawyer, who is an officer of a judicial system and who performs judicial functions, including an officer such as a magistrate, court commissioner, special master or referee, or surrogate judge is a judge within the meaning of this Code. All judges shall comply with this code except as provided below.
A. Part-time Judge. A part-time judge is a judge who serves on a continuing or periodic basis, but is permitted by law to devote time to some other profession or occupation and whose compensation for that reason is less than that of a full-time judge. A part-time judge:
(1) except when using the judge's office or title, or when a candidate* for judicial office, is not required to comply with Sections 4C(2); 4D(2), (3); 4E; 4F; 4G; 4H(2); 5A(1), (2); and 5C(1)(a), (b).
(2) may not practice law in the court on which the part-time judge serves or in any court subject to the appellate jurisdiction of the court on which the part-time judge serves, or act as a lawyer in a proceeding in which the part-time judge has served as a judge or in any other proceeding related thereto.
B. Judge Pro Tempore. A judge pro tempore is a person who is appointed to act temporarily as a judge.
(1) While acting as such, a judge pro tempore is not required to comply with Sections 4C(2); 4D(2), (3); 4E; 4F; 4G; 4H(2); 5A(1), (2); and 5C(1)(a), (b).
(2) A person who has been a judge pro tempore shall not act as a lawyer in a proceeding in which the person has served as a judge or in any other proceeding related thereto.
C. Retired Judge. A retired judge who is eligible for recall to judicial service pursuant to statue or rule shall comply with the provisions of these canons governing part-time judges.
Commentary
{A(2)} The "court on which the part-time judge serves" refers only to the particular municipal court in the jurisdiction in which the part-time judge presides and exercises judicial authority. A part-time judge is not barred from practicing law in all courts of similar character in other jurisdictions. Thus, a part-time municipal judge may practice law in any municipal court in the state in which the part-time judge does not have the authority and jurisdiction of a municipal judge.