|
June 25, 1996
Ms. Linda P. Collier
Deputy Prosecuting Attorney
Twentieth Judicial District
Faulkner County Courthouse
Conway, Arkansas 72033
Re: Advisory Opinion No. 96-05
Dear Ms. Collier:
In your request for an Advisory Opinion dated May 24, 1996, you
stated that you are presently a Deputy Prosecuting Attorney in the Twentieth Judicial
District and that you received the Democratic nomination for Circuit Chancery/Juvenile
Judge for that same district. You are unopposed and should expect to take office on
January 1, 1997. You have inquired as to the propriety of your continuing to serve in your
present position until the end of the year. You stated that it is your intention to make
no judicial rulings on cases in which you are now involved as prosecutor and that
tentative arrangements have been made for another judge to hear cases that you have been
handling as prosecutor.
While certain portions of the Code of Judicial Conduct, such as
Canon 5 concerning inappropriate political activity apply to you as a candidate for
judicial office, it appears to us that you need only address Canon 3 E. Disqualification
after you become a judge. You are to be commended for your concern in advance for matters
which might require disqualification, and as a practical matter, you are encouraged to
continue to approach your duties as Deputy Prosecuting Attorney with this in mind; however
we find nothing in the Code that would prohibit your completing your work in your present
capacity.
Very truly yours,
Edwin Alderson
For the Committee
Steele Hays and Howard W. Brill concur.
|
