JUDICIAL ETHICS OPINION 2000 v. << (2000)

¶ 0 QUESTION 1:  If a municipal judge files for election to a non-judicial position, should the municipal judge first resign the judicial position?

WE ANSWER:  YES.

¶ 1 Application of the Code of Judicial Conduct D:

“PERIODIC PART-TIME JUDGE.   A periodic part-time judge is a municipal 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.”

Canon 5A(2):  “A  judge should resign from judicial office upon becoming a candidate for a non-judicial office either in a primary or in a general election․”

¶ 2 Paragraph D under Application of the Code clearly defines a periodic part-time judge and leaves no doubt that this includes a municipal judge.   Paragraph D lists numerous Canons with which a periodic part-time judge is not required to comply;  however, Canon 5A(2), quoted above, is not one of them.   A municipal judge upon filing for a non-judicial office must resign from his or her judicial position.

¶ 3 /s/ Robert L. Bailey

ROBERT L. BAILEY, Chairman

¶ 4 /s/ Robert A. Layden

ROBERT A. LAYDEN, Vice-Chairman

¶ 5 /s/ Milton C. Craig

MILTON C. CRAIG, Secretary