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TOPICAL INDEX

The following is a listing of the Advisory Opinions of the Arkansas Judicial Ethics Advisory Committee by categories. Each category lists opinions by number with a brief synopsis.


NEW JUDGES
Advisory Opinion 05-02 Financial arrangement with former law firm
PART-TIME AND TEMPORARY JUDGES - PRACTICE OF LAW
Advisory Opinion 93-02 (part-time judge representing an individual where the opposing party owes an outstanding fine in the judge’s court)
Advisory Opinion 97-04 (part-time judge representing city in which judge sits)
Advisory Opinion 98-02 (representation of criminal defendant)
Advisory Opinion 98-03 (representation of criminal defendant)
Advisory Opinion 99-02 (serving as attorney for county)
Advisory Opinion 02-09 (judge, in his private law practice, representing criminal defendants opposing prosecuting attorneys who represent the State in other proceedings in which he presides)
Advisory Opinion 04-07 (managing attorney of legal aid office)
Advisory Opinion 05-03 Part-time city court judge may serve as a city attorney in another city but may not serve as a county attorney for the county in which the city is located
Advisory Opinion 05-04 Part-time district court judge may not represent criminal defendants on felony charges in the county’s circuit courts
PERSONAL FINANCES, THE PRACTICE OF LAW, AND PART-TIME JUDGES
Advisory Opinion 91-04-02 (service on bank’s board of directors)
Advisory Opinion 91-04-04 (service on bank’s board of directors)
Advisory Opinion 96-09 (practicing law afer being selected for the bench; payment for work done before going on bench)
Advisory Opinion 05-03 Part-time city court judge may serve as a city attorney in another city but may not serve as a county attorney for the county in which the city is located
PERSONAL CONDUCT; ASSOCIATION; SPEAKING, WRITING AND TEACHING
Advisory Opinion 91-06 (press release about redistricting decision)
Advisory Opinion 93-07 (surplus campaign funds)
Advisory Opinion 94-01 (public stand on bond issue regarding new courthouse and jail)
Advisory Opinion 94-04 (public stand on proposed constitutional amendment)
Advisory Opinion 95-01 (letters of recommendation)
Advisory Opinion 95-05 (teaching course of paralegals)
Advisory Opinion 96-03 (likeness being used in painting)
Advisory Opinion 96-04 (authoring book)
Advisory Opinion 97-01 (letter of recommendation for prospective federal judicial candidate)
Advisory Opinion 98-06 (serving on jury)
Advisory Opinion 99-06 (participating in forum of Roscoe Pound Foundation)
Advisory Opinion 00-02 (responding to media reports critical of court based on testimony from completed federal trial)
Advisory Opinion 00-04 (board of country club)
Advisory Opinion 00-06 (teaching evening courses at state university and receive compensation)
Advisory Opinion 01-01 (serving on the board of directors for legal
assistants at a state community college)
Advisory Opinion 01-02 (judge may not be a judicial member fellow,
or supporter of the Association of Trial
Lawyers of America (ATLA), but may
receive free ATLA publications, accept
complimentary registration at ATLA
conventions, and speak at ATLA programs)
Advisory Opinion 05-06 A retired judge may be pictured in a robe on the jacket of a book he or she authored on being a judge
POLITICAL ACTIVITY- NOT RELATED TO JUDGE’S OWN POLITICAL CAMPAIGN
Advisory Opinion 92-05 (judge may attend inaugural ball for president)
Advisory Opinion 94-01 (public stand on bond issue regarding new courthouse and jail)
Advisory Opinion 94-04 (public stand on proposed constitutional amendment)
Advisory Opinion 94-06 (retired judge participating in political campaign)
Advisory Opinion 01-03 (use of judicial letterhead by a municipal judge to correspond with supreme court, bar association and general assembly regarding implementation of a constitutional amendment as it pertains to municipal courts and judges)
Advisory Opinion 03-04 (judicial council hosting dinner for legislators)
Advisory Opinion 06-01 The Arkansas Judicial Council should not make contributions to a candidate for political office
POLITICS, ELECTIONS, AND CAMPAIGN FINANCE
Advisory Opinion 93-04 (surplus campaign funds)
Advisory Opinion 95-04 (campaign conduct by candidate and committee)
Advisory Opinion 96-02 (time limits on soliciting campaign contributions for candidate unopposed in primary and general election)
Advisory Opinion 01-05 (provision of the Code of Judicial Conduct
prohibiting judicial campaigns fund-raising
prior to 180 days before a primary election
applies even though a recent constitutional
amendment moved the general judicial
election from November to May)
Advisory Opinion 06-01 The Arkansas Judicial Council should not make contributions to a candidate for political office
RECOMMENDATIONS-ACTING AS A WITNESS
Advisory Opinion 04-06 (affidavit about actions when an attorney representing a former client)
Advisory Opinion 05-01 May not write letter on behalf of a life long friend to a sentencing judge
RETIRED JUDGES
Advisory Opinion 05-06 A retired judge may be pictured in a robe on the jacket of a book he or she authored on being a judge
Advisory Opinion 05-07 A retired judge may be the subject of a “roast” that is a fundraiser. But a sitting judge may not be a “roaster” even if judge’s name is not listed on the program. Nothing should suggest that the court or court officials are promoting the event.
SENTENCING
Advisory Opinion 00-08 (sentencing to jail where conditions are illegal or unconscionable)
SOCIAL EVENTS
Advisory Opinion 05-07 A retired judge may be the subject of a “roast” that is a fundraiser. But a sitting judge may not be a “roaster” even if judge’s name is not listed on the program. Nothing should suggest that the court or court officials are promoting the event.
SPECIALITY BAR ASSOCIATIONS
Advisory Opinion 99-04 (complimentary membership in trial lawyers association)
Advisory Opinion 99-07 (membership in ATLA)
Advisory Opinion 01-02 (judge may not be a judicial member fellow,
or supporter of the Association of Trial
Lawyers of America (ATLA), but may
receive free ATLA publications, accept
complimentary registration at ATLA
conventions, and speak at ATLA programs)
STAFF- CHARITABLE ACTIVITIES
Advisory Opinion 05-07 A retired judge may be the subject of a “roast” that is a fund-raiser for the Northeast Arkansas Legal Support Professionals, but a sitting judge may not be a “roaster” even if the amount of money raised may be barely above expenses and the names of sitting judges should not be included in the program. The association may promote the event and the fund raising, but those members who are trial court assistants for judges should take special precaution to avoid any suggestion that the court or court officials are promoting the event.
TESTIFYING AS A WITNESS
Advisory Opinion 00-07 (submitting affidavit in lieu of live testimony)
Advisory Opinion 01-04 (judge subpoenaed to testify in a perjury trial
about the defendant’s testimony in a
criminal trial over which the judge presided
should abide by the law and the Code of
Judicial Conduct)
TRANSITION TO BENCH
Advisory Opinion 96-05 (deputy prosecuting attorney continuing to serve until he or she takes office)
Advisory Opinion 96-09 (practicing law after being selected for the bench; payment for work done before going on bench)
Advisory Opinion 96-10 (judge-elect serving on parks and tourism commission)
Advisory Opinion 00-11 (municipal judge-elect serving as city prosecutor)
Advisory Opinion 05-02 Financial arrangement with former law firm


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