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Friday, July 04, 2025

Opinion 8

(This Opinion discusses a prior version of the Mo. Const. Art. V, Sec. 24 Remuneration/Teaching – Teaching College: the most comparable current Mo. Const. Art. V, Sec. 20 and Rule 2-3.12 Compensation for Extrajudicial Activities)

COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE

OPINION 8

Issue:

May an unopposed candidate for probate judge instruct a college class in banking prior to his being sworn in?

Discussion:

It is the opinion of the Commission that there is nothing unethical or any appearance of impropriety for the unopposed candidate to receive remuneration for teaching a college class prior to his swearing in.

However, Article V, Section 24 of the Missouri Constitution states:  “No judge or magistrate shall receive any other or additional compensation for any public services…”  After the unopposed candidate is sworn in, he may not receive remuneration for teaching at a state college because this is “compensation for any public service”.  He may receive remuneration if the school in question is a private institution.

(Undated)