Opinion 74-13
October 4, 1974

Re: Canon 7

Re: Standards of Judicial conduct


In your letter of September 25, 1974, you requested an advisory opinion as expeditiously as possible governing your situation:

You are now employed as Assistant State Attorney in County and were elected Circuit Judge of the Judicial Circuit on September 10, to take office the first Tuesday after the first Monday in January, 1975

You ask whether as a Circuit Judge Elect, you may continue to act as Assistant State Attorney in the trial of cases in the Circuit Court?

The Committee without dissent, six of nine members reporting, finds no impropriety in your continuing as Assistant State Attorney trying cases in the Circuit Court until you assume the office of Circuit Judge.

One is not bound by the Canons of Judicial Conduct until he legally assumes the duties and responsibilities of a judge, except, of course, a judge and a candidate for election to judicial office are bound by the same course of conduct.

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


cc: All members