Opinion 56
(This Opinion discusses a prior version of the Canons of Judicial Conduct: Rule 2-3.12 Compensation for Extrajudicial Activities)
Issue:
Is the Municipal Judge of Warrensburg, Missouri, a judge within the meaning of Article V, Section 20 of the Constitution of the State of Missouri relating to the prohibition against receiving additional compensation for any public service?
Discussion:
The case of In Re: Fullwood, 518 S.W.2d 22, 24 (Mo. 1975) held that the Municipal Courts were courts within the meaning of the Missouri Constitution Articles and as such were subject to disciplinary procedures of the Commission on Retirement, Removal and Discipline (Article V, Section 27). Additionally, Chapter 7 of the Warrensburg Municipal Code states: “the judge of the city’s Municipal Court shall be known as a Municipal Judge of the 17th Judicial Circuit Court…” (Section 7-3). Further, the Warrensburg Code acknowledges the authority of the Commission on Retirement, Removal and Discipline as follows: “the Municipal Judge shall be considered holding a part-time position, and as such may accept (within the requirements of the Code of Judicial Conduct, Missouri Supreme Court Rule 2) other employment.” (Section 7-6).
Article V, Section 20 states: “No judge shall receive any other or additional compensation for any public service.” It is the Commission’s opinion that the term “No Judge” includes all judges of the State of Missouri including part-time judges and Municipal Judges.
The Commission has previously held that a judge of the State of Missouri could not both hold office and accept remuneration from other State employment. Opinion #8 stated:
In conclusion it is the Commission’s opinion that the Municipal Judge in question may not both hold office and receive additional remuneration from other state employment.
(Undated)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 56
Issue:
Is the Municipal Judge of Warrensburg, Missouri, a judge within the meaning of Article V, Section 20 of the Constitution of the State of Missouri relating to the prohibition against receiving additional compensation for any public service?
Discussion:
The case of In Re: Fullwood, 518 S.W.2d 22, 24 (Mo. 1975) held that the Municipal Courts were courts within the meaning of the Missouri Constitution Articles and as such were subject to disciplinary procedures of the Commission on Retirement, Removal and Discipline (Article V, Section 27). Additionally, Chapter 7 of the Warrensburg Municipal Code states: “the judge of the city’s Municipal Court shall be known as a Municipal Judge of the 17th Judicial Circuit Court…” (Section 7-3). Further, the Warrensburg Code acknowledges the authority of the Commission on Retirement, Removal and Discipline as follows: “the Municipal Judge shall be considered holding a part-time position, and as such may accept (within the requirements of the Code of Judicial Conduct, Missouri Supreme Court Rule 2) other employment.” (Section 7-6).
Article V, Section 20 states: “No judge shall receive any other or additional compensation for any public service.” It is the Commission’s opinion that the term “No Judge” includes all judges of the State of Missouri including part-time judges and Municipal Judges.
The Commission has previously held that a judge of the State of Missouri could not both hold office and accept remuneration from other State employment. Opinion #8 stated:
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 service …." 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.
However, Article V, Section 24 of the Missouri Constitution states: "No judge or magistrate shall receive any other or additional compensation for any public service …." 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.
In conclusion it is the Commission’s opinion that the Municipal Judge in question may not both hold office and receive additional remuneration from other state employment.
(Undated)