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January
18, 2001
Alderman Pamela Redfern
West Fork City Council
P. O. Box 174
West Fork, AR 72774
The Hon.
Clinton K. (Casey) Jones
West Fork Municipal Judge
P. O. Box 854
West Fork, Arkansas 72774
Re: JEAC
Opinion No. 2000-11
Dear Ms.
Redfern and Judge Jones:
Prior to
the runoff election for West Fork Municipal Judge, Ms. Redfern
requested our opinion as to whether Clinton K. (Casey) Jones
(then one of the candidates in the runoff) would have a conflict
of interest by being both a Fayetteville City Prosecutor and
West Fork Municipal Judge. Judge Jones was in fact elected by
the voters to the position of Municipal Judge and at the request
of the Executive Director, Judge Jones responded to Ms. Redfern's
letter and provided additional information.
Canon 4G
of the Code of Judicial Conduct prohibits the practice of law
by a judge in any of the courts of this State. This provision
states the ideal and were it not for financial and practical
considerations it would be much preferable if this provision
applied to all judges including Municipal Judges. Recognizing
that many Municipal Judge offices are under Arkansas law classified
as part-time judicial offices an exemption appears in Section
B of the Application section of the Code from compliance with
Canon 4G. The position of West Fork Municipal Judge is a continuing
part-time judicial office and accordingly under Arkansas law
and the Code the West Fork Municipal Judge may practice law.
As we stated in our Opinion 98-02
"...while the Code stops short of a categorical prohibition
of the practice of law by part-time judges, it is clear that
restraint and caution are called for. Because the guidelines
are necessarily indistinct, finding the dividing line is problematic."
Neither
Arkansas law nor the Code of Judicial Conduct prohibits a person
who practices law as an assistant city attorney from one city
from being a part-time municipal judge in another city. That
person, however, should be very sensitive to the fact that conflicts
can and will occur and should be mindful of numerous provisions
of the Code that would be applicable. We emphasize that a continuing
part-time municipal judge must make the judicial office first
in service and priority.
Sincerely,
Edwin Alderson
For the Committee
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