October 18, 1973
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
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
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