187

December 3, 2020

Judges' Involvement in Local School's Truancy Court Program

Rules 2-2.11 Recusal and 2-3.1 Extrajudicial Activities in General

Judges Involvement in Social Media and the Use of Social Media as Part of a Campaign for Judicial Office

185

April 30, 2014

Municipal Judges Have Court Clerk Investigate the Prior Records of DWI Defendants Prior to Hearing to Determine if Case Should be Referred to the Associate Circuit Court

Rules 2-2.9 Ex Parte Communications and 2-2.12 Supervisory Duties; section 479.170 V.A.M.S.

184

April 30, 2014

Associate Circuit Judges Serving as a Member of the Executive Committee for the United Way

Rule 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities

Note: Current version of the judicial canons is in effect beginning with this opinion.

183

October 20, 2009

Issues Related to Judges and Judicial Staff Becoming Involved in Activities Supporting or Opposing an Initiative to Change the Nonpartisan Selection of Judges – Rule 2; Canons 4B, 5A(1), 2(A), 3(B)(2), 5(B)(1)(c), 5(A)(5), 3(B)(9); Mo. Const. Art. V, Sec. 25(f); Supreme Court Order of July 18, 2002 – In Re Enforcement of Rule 2.03, Canon 5(B)(1)(c)

Missouri Case Law Citations: Rathjen v. Reorganized Sch. Dist. R-II of Shelby Cnty., 284 S.W.2d 516 (Mo. banc 1955) (quoting Cummins v. Kansas City Pub. Serv. Co., 66 S.W.2d 920 (Mo. banc 1933)); Boone Cnty. Court v. State, 631 S.W.2d 321 (Mo. banc 1982) superseded by statute as stated in Breitenfeld v. Sch. Dist. of Clayton, 399 S.W.3d 816 (Mo. banc 2013 regarding other grounds); State ex. rel. Vee-Jay Contracting Co. v. Neill, 89 S.W.3d 470 (Mo. banc 2002); Farmer v. Kinder, 89 S.W.3d 447 (Mo. banc 2002); Gulf Ins. Co. v. Noble Broadcasting, 936 S.W.2d 810 (Mo. banc 1997); In re A.S.O., 75 S.W.3d 905 (Mo. App. 2002); Metal Form Corp. v. Leachman, 599 S.W.2d 922 (Mo. banc 1980); In re Estate of Hayden, 258 S.W.3d 505 (Mo. App. 2008); In re Corning, 538 S.W.2d 46 (Mo. banc 1976); State v. Redifer, 215 S.W.3d 725 (Mo. App. 2006).

Non-Missouri Case Law Citations: Heidtman v. City of Shaker Heights, 126 N.E.2d 138 (Ohio 1955); Hudson v. Gray, 285 234 So. 2d 564 (Ala. 1970); State ex rel. Green v. City of Cleveland, 33 N.E.2d 35 (Ohio App. 1940); Gremillion v. Dep't of Highways, 129 So. 2d 805 (La. App. 1961).

Cross Referenced to Opinions 128, 158, and 160.

See Rules 2-3.1 Extrajudicial Activities in General and Comment 1; 2‑4.1 Political Conduct of Judges and Judicial Candidates in General, Subdivisions (A) & (E); 2-1.1 Compliance with the Law; 2-4.2 Campaign Conduct of Judges and Judicial Candidates, Subdivision (A)(3); 2-2.9 Ex Parte Communications, Subdivision (D); 2-2.10 Judicial Statements on Pending and Impending Cases, Subdivisions (A) and (C); and Preamble.

** Constitutional Provision and Case Law are Still Applicable.

182

July 21, 2008

Remittal of Disqualification Provision – Canons 3B(2), 3F; VAMS Sec. 105.464.1

See Rule 2-2.11 – Recusal, Subdivision (C); and 2-2.4 External Influences on Judicial Conduct, Subdivision (B).

** Statutory Provision is Still Applicable.

181

March 28, 2005

Public Service Commission Not Within Commission’s Jurisdiction – VAMS Sec. 386.060; Mo. Const. Art. V, Sec. 24

** Constitutional and Statutory Provisions are Still Applicable

180

February 20, 2002

Donations to County School Fund Through Conditions of Probation or by Plea Bargain – Rule 2; Canons 2, 4; Mo. Const. Art. IX, Sec. 7; Section 559.021

Cross Referenced to Opinions 172, 173 and 176.

See Rules 2-1.1 Compliance with the Law; 2-1.2 Promoting Confidence in the Judiciary; and 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities, Subdivision (A)(1).

** Constitutional and Statutory Provisions are Still Applicable.

179

July 20, 2001

Judge Speaking at a Continuing Legal Education Course Sponsored by a Law Firm – Canons 2, 4B, 2B, Judicial Proprieties Committee of Delaware Rules 4A, 4H

Cross Referenced to Opinions 121 and 160.

See Rules 2-3.1 Extrajudicial Activities in General and Comment 1; 2-1.3 Avoiding Abuse of the Prestige of Judicial Office; and 2-3.12 Compensation for Extrajudicial Activities.

178

May 2, 2001

Retention of Leftover Campaign Funds – Rule 2; Canons 5B(2), 5A(2) ; VAMS Secs. 130.034, 130.034.2(5)

See Rules 2-4.2 Campaign Conduct of Judges and Judicial Candidates, Subdivisions (A)(2) & (B); and 2-4.1 Political Conduct of Judges and Judicial Candidates in General, Subdivision (B).

** Statutory Provisions are Still Applicable.

177

January 23, 2001

May a Judge Serve on the Domestic and Family Violence Council of St. Louis County? – Illinois Ethics Committee Advisory Opinion 98 citing Illinois’ Rules 64 and 65; Canon 4, 4C(2), 4A(1), (2), & (3)

Cross Referenced to Opinions 44, 128, 164, and 166.

See Rules 2-3.4 Appointments to Governmental Positions; and 2-3.1 Extrajudicial Activities in General and Comment 1.

176

August 25, 2000

May a Judge Accept a Plea Bargain if the Judge Knows that a Precondition to the Recommendation is Payment of Money to a Specified Charity? – In re Matter of Storie, 574 S.W.2d 369; Canon 2

Cross Referenced to Opinions 172 and 173.

See Rules 2-1.1 Compliance with the Law; 2-1.2 Promoting Confidence in the Judiciary; and 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities, Subdivision (A)(1).

** Case Law is Still Applicable.

175

May 18, 2000

May a Judge Grant a Suspended Imposition of Sentence with Probation on a Driving While Intoxicated Case Where the Defendant is Charged as a Prior and Persistent Offender? Secondly, May a Judge Grant a Suspended Imposition of Sentence with Probation in a Driving While Suspended or Revoked Case? – VAMS Secs. 577.023(4), 302.321; Canon 3(B)(2)

Cross Referenced to Opinion 148.

See Rules 2-1.1 Compliance with the Law; 2-2.4 External Influences on Judicial Conduct; and 2-2.5 Competence, Diligence and Cooperation.

Currently See Section 577.023(6) – this will change January 1, 2017 to 577.023(7) and will require the court to instruct the jury on sentencing.

Section 302.321.2’s wording has changed, and it will change again effective January 1, 2017, but these changes would not affect the analysis.

174

July 1, 1999

Does the Amendment to Supreme Court Rule 2, Canon 5B(2) (1999) Allow a Judicial Candidate to Personally Ask Permission to Erect Yard Signs in Support of the Candidate’s Election? – Rule 2; Canon 7B(2)

See Rule 2-4.2 Campaign Conduct of Judges and Judicial Candidates, Subdivisions (B) and (C).

173

March 2, 1999

Does Opinion 172 apply to Municipal Court Judges; Restitution to Victims or SIS Sentence? – Mo. Const. Art. IX, Sec. 7; In re Matter of Storie, 574 S.W. 2d 369 (Mo. Banc 1978); In the Matter of Davis, 946 P. 2d 1033 (Nevada 1997); Canons 4(b)(i); 2(A); Section 559.021

Cross Referenced to Opinion 172.

See Rules 2-1.1 Compliance with the Law; 2-1.2 Promoting Confidence in the Judiciary; and 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities, Subdivision (A)(1).

** Constitutional and Statutory Provisions and Case Law are Still Applicable.

172

September 3, 1998

May a Judge Impose the Payment of a Sum to a Specified Charity, the County Treasury or a “County Crime Reduction Fund?” – In re Matter of Storie, 574 S.W.2d 369 (Mo. Banc 1978); Mo Const. Art. IX, Sec. 7

See also Rules 2-1.1 Compliance with the Law; and 2-1.2 Promoting Confidence in the Judiciary.

** Constitutional Provision and Case Law are Still Applicable.

170

May 6, 1998

Must Circuit Judge Recuse in Civil or Criminal Case where Party or Defendant is Former Client? – Rule 2; Canons 3B, 3D(1)(b), 3F

See Rule 2-2.11 Recusal, Subdivisions (A)(5) and (C).

169

October 14, 1997

Are Providers of SATOP Covered Under Canon 3B(4); How Should a Municipal Judge Distribute the Appointments to SATOP Equitably? – Rule 2; Canon 3B(4); Section 577.049

See Rule 2‑2.13 Administrative Appointments.

** Statutory Provision is Still Applicable

168

November 18, 1996

Part-time Municipal Judge Appearing on the Behalf of and Representing a Bail Bonding Company in Court – Rule 2; Canon 2

See Rule 2-1.2 Promoting Confidence in the Judiciary.

167

September 26, 1996

Disqualification of a Judge from Subsequent Proceedings when a Judge Learns Information Involving the Same Information or Parties – Rule 111 & RSMo 211 (not really part of the analysis); Canon 3D(1)(a); RSMo Sec. 478.240(2); State v Grant, 841 S.W.2d 276, 278 (Mo. App. 1992)

See Rule 2-2.11 Recusal, Subdivisions (A)(1).

** Statutory Provision and Case Law are Still Applicable.

166

August 20, 1996

Associate Circuit Judge Meeting with Public Officials re Violence and Drug Usage in Schools; Providing Written Statement for Application for Grant in Creating an Alternate School Pursuant to the Safe Schools Act – Canon 4(A), (B), and (C)

Cross Referenced to Opinions 44 and 121.

See Rules 2-3.1 Extrajudicial Activities in General and Comment 1; 2-3.2 Appearances Before Governmental Bodies and Consultation with Governmental Officials; and 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities, Subdivision (A).

165

December 31, 1995

Judge Speaking at Dr. Martin Luther King Jr. Civil Ceremony – Rule 2; Canon 5B(1) & (2)

Cross Referenced to Opinion 70.

See Rule 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities, Subdivisions (A)(1) & (4)(a) & (4)(b) & (5).

164

April 5, 1995

Municipal Judge Serving on State Advisory Board – Rule 2; Canons 1, 2;

Part-time judges do not have to comply with Canons 4, 5, 6, and 7

See Rule 2-1.2 Promoting Confidence in the Judiciary.

163

February 24, 1995

Municipal Judge as Law Partner of City Attorney – Rule 2; Canons 3C, 2(A)

See Rules 2-2.11 Recusal, Subdivisions (A); and 2-1.2 Promoting Confidence in the Judiciary.

161

April 15, 1994

Municipal Judge Renting Office Space from or to Attorneys Appearing Before Judge – Rule 2; Canons 3C(1)(d)(ii); 5C(1)

Cross referenced to Opinion 143.

See Rules 2-2.11 Recusal, Subdivisions (A)(1) and (C); and 2-3.11 Financial, Business, or Remunerative Activities, Subdivision (A).

160

August 18, 1992

Public Expression of Opinion on Retention of a Specific Non-Partisan Judge – Rule 2, Compliance with Code of Judicial Conduct; Canons 7, 7A(4)

See Rules 2-1.1 Compliance with the Law; and 2-4.1 Political Conduct of Judges and Judicial Candidates in General, Subdivision (D).

159

December 6, 1991

Judge Serving as Advisory Director – Rule 2, Compliance with Code of Judicial Conduct; Canon 5B

Cross referenced to Opinions 104 and 124.

See Rules 2-1.1 Compliance with the Law; and 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities.

158

April 24, 1991

Senior Judge’s Expression of Views and Testimony Before Missouri Legislature – Canons 4B, 7A(4)

Cross referenced to Opinion 151.

See Rules 2-3.1 Extrajudicial Activities in General and Comment 1; and 2‑4.1 Political Conduct of Judges and Judicial Candidates in General, Subdivision (D).

157

April 24, 1991

Juvenile Division / Public Appreciation for Pro Bono Services – Rule 2, Compliance with Code of Judicial Conduct; Canons 4(A), 3B(1), 2B

Cross referenced to Opinions 128 and 133.

See Rules 2-1.1 Compliance with the Law; 2-3.1 Extrajudicial Activities in General and Comment 1; 2-2.5 Competence, Diligence and Cooperation, Subdivision (A); and 2-1.3 Avoiding Abuse of the Prestige of Judicial Office.

156

February 13, 1991

Circuit Judge / Former Member of Law Firm – Rule 2, Compliance with Code of Judicial Conduct; Canons 3C(1)(b) & (1)(d)(ii), 3D

Cross referenced to Opinion 143.

See Rules 2-1.1 Compliance with the Law; and Rule 2-2.11 Recusal, Subdivisions (A)(5)(a) & (A)(2)(c) and (C).

155

October 31, 1990

Criticism of Sitting Judge by Candidate for Judicial Office – Rule 2, Compliance with Code of Judicial Conduct; Mo. Const. Art. V, Sec. 6; Canons 7, 7B(1)(c); State v Shriver, 741 S.W.2d 836, 838 (Mo. App. 1987)

Cross referenced to Opinion 151.

See Rules 2-1.1 Compliance with the Law; and 2-4.2 Campaign Conduct of Judges and Judicial Candidates, Subdivision (A)(5).

** Constitutional Provision and Case Law are Still Applicable.

154

October 10, 1990

Judge Serving as Board Director for Non-for-Profit Corporation Funded by State – Rule 2, Compliance with Conduct of Judicial Conduct; Canons 5B, 5G

Cross referenced to Opinion 104.

See Rules 2-1.1 Compliance with the Law; 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities; and 2.34 Appointments to Governmental Positions.

151

July 11, 1990

Retired / Senior Judges – Political Activities – Rule 2, Compliance with Code of Judicial Conduct

See “Application, Section I. Applicability of this Code;” and Rule 2-1.1 Compliance with the Law.

150

September 12, 1990

Associate Judge / Member of Missouri Advisory Council on Alcohol and Other Drug Abuse – Rule 2, Compliance with Code of Judicial Conduct; Canon 5G

Cross referenced to Opinions 84A, 116, & 135.

See Rule 2-3.4 Appointments to Governmental Positions; and “Application, Section I. Applicability of this Code.” See also Rule 2-1.1 Compliance with the Law.

148

April 10, 1990

Judge Granting Hardship Driving Privileges / when Grant Violates Clear Meaning of Statute – Canon 3A(1); RSMo Sec. 577.010.1; RSMo Sec. 302.309.3; Eccarius v Dir. of Revenue, 774 S.W.2d 574, 575-576 (Mo. App. 1989); Munson v Dir. of Revenue, 783 S.W.2d 912 (Mo. banc 1990)

See Rules 2-1.1 Compliance with the Law; 2-2.4 External Influences on Judicial Conduct; and 2-2.5 Competence, Diligence and Cooperation.

** Statutory and Case Law Citations are Still Applicable.

146

February 28, 1990

Judge as Member of Board of Directors of a City Public Library – Canon 5G

See Rule 2-3.4 Appointments to Governmental Positions and Comment. See also Rule 2-1.2 Promoting Confidence in the Judiciary.

143

May 23, 1989

Judge Presiding Over Matters where Former Associate or Member of His Law Firm is the Attorney – Canons 3C(1)(d)(ii), 3D

See Rule 2-2.11 Recusal, Subdivisions (A)(1), (2)(c), (3), and (C).

141

Undated

Part-time Layman Municipal Judge / Assume Duties of a Municipal Building Commissioner – Canons 1, 2. Part-time judges do not have to comply with Canons 4, 5, 6, and 7

See Rule 2-1.2 Promoting Confidence in the Judiciary; and “Application, Section III. Part-Time Municipal Judge.”

137

August 29, 1988

Judge Recommendation to MoBar and Supreme Court re Disbarred Attorney’s Reinstatement – Canon 2B

Cross-reference to Opinion 133.

See Rules 2-2.4 External Influences on Judicial Conduct; 2-1.3 Avoiding Abuse of the Prestige of Judicial Office; and 2-3.3 Testifying as a Character Witness.

134

June 27, 1987

Associate Circuit Judge Serving as Member of Citizen’s Steering Committee – Canon 5G

See Rule 2-3.4 Appointments to Governmental Positions.

133

Undated

Judge Submitting Letter of Recommendation – Canon 2B

See Rules 2-2.4 External Influences on Judicial Conduct; 2-1.3 Avoiding Abuse of the Prestige of Judicial Office; and 2-3.3 Testifying as a Character Witness.

129

Undated

Elected Judges / Definition of “Political Gatherings” – Canon 7A(2)

Cross-referenced to Opinions 31 and 50; Opinion 85 withdrawn to the extent it conflicts.

See Rule 2-4.1Political Conduct of Judges and Judicial Candidates in General, Subdivision (B).

128

Undated

Judge’s Participation in Media Publicity Recruiting Foster Families – Canon 4(A)

See Rules 2-3.1 Extrajudicial Activities in General and Comment 1. See also Rules 2-3.12 Compensation for Extrajudicial Activities and 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities, Subdivision (A)(1).

127

Undated

Compensation, Stock Ownership, Employment, Positions of Leadership / Private Corporations – Canon 5C(1); Mo. Const. Art. V, Sec. 20

Cross-referenced to Opinions 25, 84A, 97, and 118.

See Rule 2-3.11 Financial, Business, or Remunerative Activities, Subdivision (B). See also 2-2.1 Giving Precedence to the Duties of Judicial Office.

** Constitutional Provision is Still Applicable.

126

June 24, 1986

Employment of a Municipal Clerk by a Court Service Company – Canons 2, 3B(2)

See Rule 2-2.12 Supervisory Duties, Subdivision (A).

125

April 28, 1986

Municipal Judge / Disqualification upon Appearance by Lawyer / Spouse of Judge’s Law Partner – Canon 3C(1)(d) – Commentary

See Rule 2-2.11 Recusal, Comment 3.

124

May 12, 1986

Judge / Trustee for Education Trust – Canons 5D, 5B

See Rules 2-3.8 Appointments to Fiduciary Positions, Subdivision (A); and 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities, Subdivision (A).

122

January 27, 1986

Judge / Self-Representation in a Law Suit – Canons 5F, 5C

See Rules 2-3.10 Practice of Law; and 2-3.11 Financial, Business, or Remunerative Activities.

121

December 23, 1985

Judge / Instructor at Law Enforcement Training Session – Canon 4(A)

See Rules 2-3.1 Extrajudicial Activities in General and Comment 1; 2‑3.12 Compensation for Extrajudicial Activities; and 2-2.10 Judicial Statements on Pending and Impending Cases, Subdivision (A).

118

January 20, 1986

Judge / Partnership in Real Estate with Attorneys – Canon 5C(1), Sec. 105.464

See Rules 2-3.11 Financial, Business, or Remunerative Activities; and 2‑2.11 Recusal, Subdivisions (A)(1),(3), and (C).

** Statutory Provision is Still Applicable.

117

October 1, 1985

Judge / Attendance at Real Estate Arbitration Proceedings – Canon 5F

See Rule 2-3.10 Practice of Law.

116

October 1, 1985

Judge / Member of a State Committee for Employees’ Charitable Campaign – Canon 4C

See Rule 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities, Subdivision (A).

114

October 28, 1985

Political Activities / Family of Judge or Employees of Judge – Canons 7A(5), 7B (7B is mentioned but not applied)

See Rules 2-4.1 Political Conduct of Judges and Judicial Candidates in General, Subdivision E; and 2-4.2 Campaign Conduct of Judges and Judicial Candidates, Subdivision (A)(6).

113

October 1, 1985

Judge / Member of Civic Organization – Canon 5B(1), (2), & (3)

See Rule 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities, Subdivisions (A)(1), (4), & (5).

110

January 14, 1985

Judge / Lease of Personal Real Property to County Government – Canon 5C(1)

See Rule 2-3.11 Financial, Business, or Remunerative Activities.

104

September 10, 1984

Judge / Member of Board of Directors for Alternative Dispute Resolutions Center – Canon 5B(1), (2), & (3)

See Rule 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities, Subdivisions (A)(1), (4), & (5).

101

June 4, 1984

Disqualification – Business Relationship with Attorney of Record - Canon 3C(1)

See Rule 2-2.11 Recusal, Subdivision (A).

97

September 1, 1983

Judge Receiving Compensation from a Private Source for Public Service – Canons 2B, 5C, 5F; Mo. Const. Art. V, Sec. 20; ABA Informal Opinion 1385 (1977); ABA Comm. on Professional Ethics and Grievances Formal Opinion 254 (1943)a

Cross-referenced to Opinion 84A – specific Canon provisions not discussed.

** Constitutional Provision is Still Applicable.

96A

November 11, 1983

Member of the General Assembly or Retired Judge Appointed as Guardian ad Litem, Appraiser, Referee, Trustee of Attorney for Indigent – Canon 3B(4); RSMo Sec. 476.510, Mo. Const. Art. III, Sec. 12; RSMo Sec. 105.456

See Rule 2‑2.13 Administrative Appointments, Subdivision (A).

** Constitutional and Statutory Provisions are Still Applicable.

93

February 22, 1983

Campaign Funds – After Election – Canon 7B(2)

See Rule 2-4.2 Campaign Conduct of Judges and Judicial Candidates, Subdivision (B).

92

February 22, 1983

Disqualification – Judge as Former Part-Time Assistant Prosecutor – Canon 3C(1)(b)

See Rule 2-2.11 Recusal, Subdivisions (A)(5)(a) & (c).

91

November 19, 1982

Judge / Serve on Advisory Board of St. Joseph State Hospital – Canon 5B(1)

See Rule 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities, Subdivision (A)(4).

87

October 27, 1982

Judge / Fiduciary for Former Relative and Close Friend – Canon 5D(1) & (2)

See Rule 2-3.8 Appointments to Fiduciary Positions, Subdivisions (A), (B), and (C).

86

September 21, 1982

Court Employees’ Participation in Judge’s Campaign – Canons 7B(1)(b), 7A(2)

See Rules 2-4.2 Campaign Conduct of Judges and Judicial Candidates, Subdivision (A)(6); and 2-4.1 Political Conduct of Judges and Judicial Candidates in General, Subdivision B.

85

August 24, 1982

[See Opinion 129 as it affects this opinion.]

Municipal Judge / Member of US Congressman’s Reelection Committee, Attendance at Fund Raiser – Canons 2, Rule 2, Compliance with the Code of Judicial Conduct; Part-time judges do not have to comply with Canons 4, 5, 6, and 7

See Rule 2-4.1 Political Conduct of Judges and Judicial Candidates in General; and “Application, Section III. Part-Time Municipal Judge.”

84A

November 18, 1982

Judge / Service Local Public School District as Attorney, Serve as City Attorney in Different City, Serve as Member of Public Service Organizations Listed – Canons 2, 5G, 3C, Mo. Const. Art. V, Sec. 20; Part-time judges do not have to comply with Canons 4, 5, 6, and 7

See Rules 2-1.2 Promoting Confidence in the Judiciary; 2-3.4 Appointments to Governmental Positions; 2-2.11 Recusal; and “Application, Section I. Applicability of this Code.”

83

May 26, 1982

Judge / Service with Industrial Development Corporation – Canon 5G; Jardon v Industrial Development Authority of Jasper Co., 570 S.W.2d 666, 673 (Mo. banc 1978)

See Rule 2-3.4 Appointments to Governmental Positions.

** Case Law Citation is Still applicable.

81

May 26, 1982

Municipal Judge / Practice of Criminal Law, Accept Civil Case Which May Involve Violation of City Ordinance – Canons 2A, 5C(1); Rule 2, Compliance With the Code of Judicial Conduct

See Rules 2-1.2 Promoting Confidence in the Judiciary; 2-3.11Financial, Business, or Remunerative Activities; and “Application, Section III. Part-Time Municipal Judge.”

80

March 19, 1982

Public Service / City Zoning Commission – Canons 5G, 3C

See Rules 2-3.4 Appointments to Governmental Positions; and 2‑2.11 Recusal, Subdivision (A)(1).

79

April 1, 1982

Judge / Radio Interviews, Name on Organization Letterhead, Invitation to Personal Friend Who is US Senator – Canons 5A, 5B(2)

See Rules 2-3.1 Extrajudicial Activities in General and Comment 1; and 2‑3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities, Subdivisions (A)(1) & (5).

76A

August 29, 1983

Retired Judge Receiving Retirement Compensation While Engaged in the Practice of Law – RSMo Sec. 476.510

No applicable rule in addition to the statute.

** Statutory Citation is Still Applicable.

75

March 4, 1982

Judge as member of Task Force on Drunk Driving – Canon 5B

See Rule 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities.

74

January 7, 1982

Radio Interviews Re Consumer Affairs – Canon 4

See Rule 2-3.1 Extrajudicial Activities in General and Comment 1. See also Rule 2-2.10 Judicial Statements on Pending and Impending Cases, Subdivision (A).

73

December 18, 1981

Judge / Picture in Advertisement Against Drunk Drivers – Canon 2A

See Rules 2-1.1 Compliance with the Law; and 2-1.2 Promoting Confidence in the Judiciary.

70

October 23, 1981

Serve as Master of Ceremonies of Junior Miss Contest – Canon 5B(1) & (2)

See Rule 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities, Subdivisions (A)(4) & (5).

68

September 3, 1981

Partisan Judge / Attendance at Missouri Federation of Women’s Democratic Clubs – Canon 7A(2)

See Rule 2-4.1 Political Conduct of Judges and Judicial Candidates in General, Subdivision (B).

67

August 17, 1981

Judge Serve on Selective Service Draft Board – Canon 4C

See Rule 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities, Subdivision (A).

66

August 17, 1981

Disqualification / Child Serving as Assistant Attorney General – Canon 3C(1), (4), Commentary to (1)(d)(i)

See Rule 2-2.11 Recusal, Subdivisions (A)(1), (C), and Comment 3.

65

Undated

Employment of Judge to Write Treatise – Canons 4(A), 6(A)

See Rules 2-3.1 Extrajudicial Activities in General and Comment 1; and 2‑3.12 Compensation for Extrajudicial Activities.

64

May 21, 1981

Service on Missouri Mental Health Commission – Canon 5G

See Rule 2-3.4 Appointments to Governmental Positions.

63

January 6, 1982

Representation of an Indigent in a Criminal Case by a Municipal Judge – ABA Comm. on Professional Ethics and Professional Responsibility, Informal Opinion 1286; Canons 2A, 5, 3; In re Fullwood 518 S.W.2d 22, 23 (Mo. banc 1975)

See Rules 2-1.2 Promoting Confidence in the Judiciary; 2.3.1 Extrajudicial Activities in General, Subdivision (A); and 2-2.1 Giving Precedence to the Duties of Judicial Office.

** Case Law Citation is Still Applicable.

62

May 7, 1981

Disposal of Contingency Fee Cases – Canons 5F, 3C(b)

See Rules 2-3.10 Practice of Law; and 2-2.11 Recusal, Subdivision (A)(5).

61

March 12, 1981

Public Statements in Behalf of Proposed Sales Tax – Canon 4C

See Rule 2-3.7 Participation in Educational, Religious, Charitable, Fraternal, or Civic Organizations and Activities, Subdivision (A).

60

Undated

Inheritance and Joint Ownership of Real Estate with Bondsman – Canon 5C(1) & (2)

See Rule 2-3.11 Financial, Business, or Remunerative Activities, Subdivisions (B)(1) & (2).

58

January 26, 1981

Non-partisan Judge Member of Committee Giving Humanitarian Award – Canons 7, 5B

See Rules 2-4.1 Political Conduct of Judges and Judicial Candidates in General; and 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities, Subdivision (A).

56

Undated

Municipal Judge is a Judge Under Art. V, Sec. 20 of Constitution and May Not Receive Additional Compensation for Any Public Service; In re Fullwood, 518 S.W.2d 22, 24 (Mo. banc 1975)

See also Rule2-3.12 Compensation for Extrajudicial Activities.

** Case Law Citation is Still Applicable.

55

January 12, 1981

Judges’ Children / Employees of Another Judge – Canon 3B(4)

See Rule 2‑2.13 Administrative Appointments

51

January 12, 1981

Probate Clerks / Advising Persons in Probate Matters – Canon 5F; RSMo Sec. 473.091; State ex rel. Chubb v. Sartorious, 175 S.W.2d 783 (Mo. Banc 1943)

See Rule 2-3.10 Practice of Law.

** Case Law Citation is Still Applicable.

50

January 12, 1981

Political Activity When Not Running for Reelection – Canon 7A(2)

See Rule 2-4.1 Political Conduct of Judges and Judicial Candidates in General, Subdivision (B).

48

October 2, 1980

Performance of Judicial Acts / Any Place Within Jurisdiction – Canon 3A(5)& 3(a)(4)

See Rules 2-2.1 Giving Precedence to the Duties of Judicial Office; and 2‑2.2 Impartiality and Fairness.

44

June 17, 1980

Judge Serve on Attorney General Steering Committee – Canons 5G, 5B(2), 7A(4)

See Rules 2.34 Appointments to Governmental Positions; 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities, Subdivision (A)(1); and 2‑4.1 Political Conduct of Judges and Judicial Candidates in General, Subdivision (D).

39

June 17, 1980

Court Stationery for Private Business – Canon 2(A) & (B); In re Buford, 577 S.W.2d 809 (Mo. banc 1979)

See Rules 2-1.2 Promoting Confidence in the Judiciary; and 2-1.3 Avoiding Abuse of the Prestige of Judicial Office.

38

Undated

Judge Appointing Son – Canons 2(A), 3B(4)

See Rules 2-1.2 Promoting Confidence in the Judiciary; and 2‑2.13 Administrative Appointments.

37

Undated

Disqualification / Father, Son – Canon 3C(1)(d)(ii) & 3(C)(4)

See Rule 2-2.11 Recusal, Subdivisions (A)(2)(b) & (c) and (C).

35

January 11, 1980

Running for Judicial Office While Serving as a Judge – Canon 7A(2) & (3)

See Rule 2-4.1 Political Conduct of Judges and Judicial Candidates in General, Subdivisions (B) and (C).

31

Undated

Non-Partisan Judge / Attendance at Political Meetings – Canon 7A(2) & (4)

See Rule 2-4.1 Political Conduct of Judges and Judicial Candidates in General, Subdivisions (B) and (D).

25

September 21, 1979

Personal Investments / Frequent Litigants – Selling Rock to Highway Department – Canon 5C(1)

See Rule 2-3.11 Financial, Business, or Remunerative Activities.

24A

December 3, 1981

Disqualification / Probate Judge – Drafted Will as Attorney – Canon 3C(1)(a) & (b)

See Rule 2-2.11 Recusal, Subdivision (A)(1) & (5).

23

April 25, 1979

Political Activities for Employees of Non-Partisan Judge – Prohibited – Canon 7B; Canon 3(B)(2); Connealy v. Walsh, No. 20653-3,412 F. Supp. 146 (W.D. Mo. Apr. 19, 1976)

See Rule 2-4.2 Campaign Conduct of Judges and Judicial Candidates, Subdivision (A)(6). See also Rule 2-2.12 – Supervisory Duties.

22

Undated

Disqualification / Probate Matters – Even on Routine Matters – Canon 3C(1)(b)

See Rule 2-2.11 Recusal, Subdivision (A)(5).

20

Undated

Compensation for Preparation of Tax Returns – Reflects Adversely on Impartiality – Canon 5C(1)

See Rule 2-3.11 Financial, Business, or Remunerative Activities.

17

Undated

Judge Accepting Fees for Marriages – Canon 2A & Mo. Const. Art. V, Sec. 24

See Rule 2-1.1 Compliance with the Law & Mo. Const. Art V, Sec. 20. See also Rule2-3.12 Compensation for Extrajudicial Activities.

14A

September 9, 1997

Disqualification Judge as Former Prosecutor – Rule 2, Canon 3(D)(1)(b)

See Rule 2-2.11 Recusal, Subdivision (A)(5).

11

Undated

Political Endorsement by Retired Judge – Rule 2, Compliance with Code of Judicial Conduct

See “Application,” Section I. Applicability of this Code. See also Rule 2-1.1 Compliance with the Law.

10

Undated

Advertising – Seeking Association or Office Sharing After Leaving Office – Canon 5C(1) & Canon 5F

See Rules 2-3.11 Financial, Business, or Remunerative Activities; and 2‑3.10 Practice of Law.

9

Undated

Public Service/Trustee – Trustee of Hospital – Canon 5B

See Rule 2-3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities.

8

Undated

Remuneration / Teaching – Teaching College – Mo. Const. Art. V, Sec. 24

See currently Mo. Const. Art. V, Sec. 20. See also Rule 2-3.12 Compensation for Extrajudicial Activities

5

Undated

Disqualification – Spouse Social Worker at State Hospital – Canons 3C(1) & (1)(d)(iii)

See Rule 2-2.11 Recusal, Subdivisions (A)(1) & (2)(d). See also Rule 2-1.2 Promoting Confidence in the Judiciary.