Opinion 76-4
April 5, 1976

Re: Canon 6

Dear Judge:


This is in response to your recent inquiry requesting whether or not retired judges are required to file public reports of compensation and an annual financial report in accordance with Canon 6 of
the Code of Judicial Conduct.

The Committee directs your attention to the provisions of paragraph C relating to Compliance by retired judges with the code of Judicial Conduct as follows:

"C. Retired judges. A retired judge who receives the same compensation as a full time judge on the court from which he retired and is eligible for recall to judicial service should comply with all the provisions of this Code except Canon 5D, G and 6, but he should refrain from judicial service during the period of an extra-judicial appointment not sanctioned by Canon 5G. All other retired judges eligible for recall to judicial service should comply with the provisions of this Code governing part time judges."

A majority of the Committee (6-4) is of the opinion that according to the underlined language above stated Canon you would not be required to file a public report or an annual report if you are a retired judge eligible for recall to judicial service and receive the same compensation as a full-time judge on the court from which you retired.

It appears that the drafters of this provision intended compliance with Canon 6 to be based upon the amount of "compensation" received by the retired judge. If your particular circumstances are such that you do not fall within the exception prescribed by paragraph C of the "compliance" section then in that event the provisions of paragraph A pertaining to a "part-time" judge would be applicable.

As indicated above, four of the members were of the view that retired judges must comply with financial reporting requirements set forth in Canon 6; while several reasons were advanced the general theme of their position was based upon the proposition that retired judges accepting judicial duties should comply with Canon 6.

We appreciate your inquiry and trust the foregoing will be of some assistance to you.

Sincerely,


Gerald Mager
Chairman, Committee on Standards of Conduct Governing Judges

GM/cs

Participating members: Mason, Boyer, Hanlon, Haverfield, Hewitt, Kaney, Murphee, Stephenson and Thomas MacDonald, Esquire