Print Version
Previous PageFile uploaded: 12/18/2013

APPLICATION

The Application section establisheswhen the various Rules apply to a judge or judicial candidate.

I. APPLICABILITY OF THIS CODE

(A) The provisions of the Code apply toall full-time judges. Parts II through IV of this section identify those provisionsthat apply to three distinct categories of part-time judges. Canon 4 applies tojudges and judicial candidates.

(B) A judge, within the meaning of thisCode includes a court commissioner.

(C) A ?full-time? judge, within themeaning of this Code, includes any judge of a court of record. A ?full-time?judge also includes a judge of a court not of record who:

(1) serves in a court whose judicialweighted caseload measure, as approved by the Judicial Council, shows the needfor at least 1.0 judges; or

(2) serves inmore than one court whose total judicial weighted caseload measure, as approvedby the Judicial Council, shows the need for at least 1.0 judges.

(D) Paragraphs (C)(1)and (C)(2) apply on the day of the judge?s appointment for judges appointed onor after January 1, 2013, and they apply on January 2, 2017 for judgesappointed before January 1, 2013.

COMMENT

[1] The Rules in this Code have beenformulated to address the ethical obligations of any person who serves ajudicial function and are premised upon the supposition that a uniform systemof ethical principles should apply to all those authorized to perform judicialfunctions.

[2] The determination of which categoryand, accordingly, which specific Rules apply to an individual judicial officerdepends upon the facts of the particular judicial service.

II. ACTIVE SENIOR JUDGE

An active senior judge appointed underRule 11-201 of the Rules of Judicial Administration is not required to comply:

(A) at anytime with Rules 3.4 (Appointments to Governmental Positions) and 3.8(Appointments to Fiduciary Positions);

(B) with Rule3.9 (Service as Arbitrator or Mediator), except while serving as a judge; or

(C) at anytime with Rule 3.11(B) (Financial, Business, or Remunerative Activities).

COMMENT

[1] For the purposes of this section,an active senior judge is subject to this Code during any term of office towhich he or she has been appointed to serve.

III. PART-TIME JUSTICE COURT JUDGE

A part-time justice court judge , including an active senior justice court judgeappointed under Rule 11-203 of the Rules of Judicial Administration,

(A) is notrequired to comply:

(1) with Rules2.10(A) and 2.10(B) (Judicial Statements on Pending and Impending Cases) and3.14 (Reimbursement of Expenses and Waivers of Fees or Charges) except whileserving as a judge; or

(2) at anytime with Rules 3.4 (Appointments to Governmental Positions), 3.8 (Appointmentsto Fiduciary Positions), 3.9 (Service as Arbitrator or Mediator), 3.10(Practice of Law), and 3.11 (Financial, Business, or Remunerative Activities));and

(B) shall notpractice law in the court on which the judge serves nor act as a lawyer in aproceeding in which the judge has served as a judge or in any other proceedingrelated thereto.

COMMENT

[1] When a part-time justice courtjudge is no longer serving as a judge, that person may act as a lawyer in aproceeding in which he or she has served as a judge or in any other proceedingrelated thereto only with the informed consent of all parties, and pursuant toany applicable Rules of Professional Conduct.

IV. JUDGE PRO TEMPORE

A judge pro tempore appointed underRule 11-202 of the Rules of Judicial Administration shall not practice law inthe same small claims division in which the judge serves. The same small claimsdivision means the courthouse at which the judge serves and includes smallclaims appeals heard at that courthouse. A judge pro tempore is not required tocomply:

(A) exceptwhile serving as a judge, with Rules 1.2 (Promoting Confidence in theJudiciary), 2.4 (External Influences on Judicial Conduct), 2.10 (JudicialStatements on Pending and Impending Cases), or 3.2 (Appearances beforeGovernmental Bodies and Consultation with Government Officials); or

(B) at any time with Rules 3.4(Appointments to Governmental Positions), 3.6 (Affiliation with DiscriminatoryOrganizations), 3.7 (Participation in Educational, Religious, Charitable,Fraternal, or Civic Organizations and Activities), 3.8 (Appointments toFiduciary Positions), 3.9 (Service as Arbitrator or Mediator), 3.10 (Practiceof Law), 3.11 (Financial, Business, or Remunerative Activities), 3.13(Acceptance and Reporting of Gifts, Loans, Bequests, Benefits, or Other Thingsof Value), 4.1 (Political and Campaign Activities of Judges and JudicialCandidates in General), 4.2 (Political and Campaign Activities of Judges inRetention Elections), and 4.3 (Activities of Judges Who Become Candidates for Nonjudicial Office).

V. SENIOR JUDGE

A senior judge is not required tocomply with the provisions of this Code.

VI. TIME FOR COMPLIANCE

A person to whom this Code becomesapplicable shall comply immediately with its provisions, except that as toRules 3.8 (Appointments to Fiduciary Positions) and 3.11 (Financial, Business,or Remunerative Activities) compliance shall occur as soon as reasonablypossible, but in no event later than one year after the Code becomes applicableto the judge.

COMMENT

[1] If serving as a fiduciary whenselected as judge, a new judge may, notwithstanding the prohibitions in Rule3.8, continue to serve as fiduciary, but only for that period of time necessaryto avoid serious adverse consequences to the beneficiaries of the fiduciaryrelationship and in no event longer than one year. Similarly, if engaged at thetime of judicial selection in a business activity, a new judge may,notwithstanding the prohibitions in Rule 3.11, continue in that activity for areasonable period but in no event longer than one year.