Opinion 76A
(This Opinion discusses a prior version of the Canons of Judicial Conduct with no current applicable rule.)
Issue:
May a retired judge who receives retirement compensation engage in the practice of law or do law business?
Discussion:
The Commission on Retirement, Removal and Discipline has previously issued Opinion #3, 29, 32, 36, 41, 45 and 47, all of which dealt with the issue of what activities a retired judge could engage in. However, subsequent to those opinions the legislature has passed V.A.M.S. 476.510 effective May 12, 1981, which states:
It is the opinion of the Commission on Retirement, Removal and Discipline that effective May 12, 1981, a retired judge may practice law, subject to the provisions of Section 476.510 V.A.M.S. Any opinions as of the Commission to the contrary issued before May 12, 1981 and specifically Opinions #3, 29, 32, 36, 41, 45 and 47 are no longer applicable.
(Dated: August 29, 1983)
COMMISSION FOR RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 76A
Issue:
May a retired judge who receives retirement compensation engage in the practice of law or do law business?
Discussion:
The Commission on Retirement, Removal and Discipline has previously issued Opinion #3, 29, 32, 36, 41, 45 and 47, all of which dealt with the issue of what activities a retired judge could engage in. However, subsequent to those opinions the legislature has passed V.A.M.S. 476.510 effective May 12, 1981, which states:
Any person under the age of seventy-six who retires or is retires under the provisions of section 476.450 to 476.510 may engage in the practice of law if he makes himself available to serve as appointed defense counsel for indigent persons who may be charged with a violation of any of the criminal law of this state. Such appointments shall not exceed six cases involving prosecution for a violation of a criminal law classified as a felony in any calendar year, and any person so appointed shall not receive any compensation therefor but may be reimbursed for his actual and necessary out-of-pocket expenses from funds appropriated for the support of public defender activities. The supreme court may excuse any such person from so serving as appointed defense counsel upon a showing of physical or mental condition which would preclude such service. Any person of the age of seventy-six or over who retires or is retired under the provision of sections 476.450 to 476.510 may engage in the practice of law without making himself available to serve as appointed defense counsel.
It is the opinion of the Commission on Retirement, Removal and Discipline that effective May 12, 1981, a retired judge may practice law, subject to the provisions of Section 476.510 V.A.M.S. Any opinions as of the Commission to the contrary issued before May 12, 1981 and specifically Opinions #3, 29, 32, 36, 41, 45 and 47 are no longer applicable.
(Dated: August 29, 1983)