Opinion 11
(This Opinion discusses a prior version of the Rule: the most comparable current rule is See “Application,” Section I. Applicability of this Code. See also Rule 2-1.1 Compliance of the Law.)
Issue:
May a retired Circuit Judge who did not serve under the non-partisan court plan; retired on January 1, 1977, is over 70 years of age and has served 12 years in office; is drawing a retirement pension, publicly endorse a candidate for public office, specifically Magistrate Judge?
Discussion:
Supreme Court Rule 2 applies to “anyone, whether or not a lawyer, who is an officer of a judicial system performing judicial functions, including an officer such as a special master, court commissioner, or magistrate, is a judge for the purpose of this code. All judges should comply with this code except as provided below.”
The code, therefore, applies only to judges. In this particular case, the retired Circuit Judge is no longer to be considered a judge and as such does not come within the purview of the Code of Judicial Conduct. Additionally, since he has served 12 years and is over 70 years of age, he may not return to the bench in a full or part-time capacity. This removes the possibility of the retired judge’s present political activity becoming a potential conflict of interest or appearance of impropriety should the retired judge return to the bench.
The retired Circuit Judge in question may, therefore, publicly endorse a candidate for Magistrate Judge.
(Undated)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 11
Issue:
May a retired Circuit Judge who did not serve under the non-partisan court plan; retired on January 1, 1977, is over 70 years of age and has served 12 years in office; is drawing a retirement pension, publicly endorse a candidate for public office, specifically Magistrate Judge?
Discussion:
Supreme Court Rule 2 applies to “anyone, whether or not a lawyer, who is an officer of a judicial system performing judicial functions, including an officer such as a special master, court commissioner, or magistrate, is a judge for the purpose of this code. All judges should comply with this code except as provided below.”
The code, therefore, applies only to judges. In this particular case, the retired Circuit Judge is no longer to be considered a judge and as such does not come within the purview of the Code of Judicial Conduct. Additionally, since he has served 12 years and is over 70 years of age, he may not return to the bench in a full or part-time capacity. This removes the possibility of the retired judge’s present political activity becoming a potential conflict of interest or appearance of impropriety should the retired judge return to the bench.
The retired Circuit Judge in question may, therefore, publicly endorse a candidate for Magistrate Judge.
(Undated)