Opinion 62
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rules are 2-3.10 Practice of Law; and 2-2.11 Recusal, Subdivision (A)(5).)
Issue:
How should a newly appointed Associate Circuit Judge dispose of pending contingency fee cases?
Discussion:
Under Supreme Court Rule 2, Canon 5(f) “A judge should not practice law.” However, it is the Commission’s opinion that the new judge is entitled to recover a fee which corresponds to the percent of work which he completed on the cases at the time he referred them to another attorney. This percentage should be determined at the time that the cases are referred.
Additionally, Supreme Court Rule, Canon 3(c)(b) requires that a judge should disqualify himself in any proceeding where “he served as lawyer in the matter in controversy.” Accordingly, the judge should disqualify himself in any case that he has previously referred to another attorney.
(Dated: May 7, 1981)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 62
Issue:
How should a newly appointed Associate Circuit Judge dispose of pending contingency fee cases?
Discussion:
Under Supreme Court Rule 2, Canon 5(f) “A judge should not practice law.” However, it is the Commission’s opinion that the new judge is entitled to recover a fee which corresponds to the percent of work which he completed on the cases at the time he referred them to another attorney. This percentage should be determined at the time that the cases are referred.
Additionally, Supreme Court Rule, Canon 3(c)(b) requires that a judge should disqualify himself in any proceeding where “he served as lawyer in the matter in controversy.” Accordingly, the judge should disqualify himself in any case that he has previously referred to another attorney.
(Dated: May 7, 1981)