Opinion 73-16
October 18, 1973

Canon 7

Dear Judge

Under date of September 28, 1973, you requested an advisory opinion as to the intent of the following:

" A part-time judge. . . (2) should not practice in the court in which he serves or in any court subject to the appellate jurisdiction of the court on which he serves. . . "

A majority of the committee on Standards of Judicial Conduct are of the opinion that the Code of Judicial Conduct does not prohibit an attorney who is a part-time Municipal Judge from practicing law in any court except his own.

The Municipal courts have no appellate jurisdiction, therefore the clause, "or in any court subject to the appellate jurisdiction of the court in which he serves" would not be applicable to a part-time Municipal Judge.

It was not the intent to, nor in our opinion does a strict construction of the Code of Judicial Conduct prohibit or limit an attorney who was also a part time Municipal Judge from practicing in any Court except his own.


/s/ GUNTER STEPHENSON, as Chairman, Committee on Standards of Judicial Conduct

GS:jss