Opinion 85
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rule is 2-4.1 Political Conduct of Judges and Judicial Candidates in General; and “Application, Section III. Part-Time Municipal Judge.”)
Issue:
May a municipal judge be a member of a U.S. Congressman’s reelection committee and may he attend a fund raiser for that congressman?
Discussion:
Under the section entitles “Compliance with the Code of Judicial Conduct” of Supreme Court Rule 2, it states:
Accordingly, if the municipal judge in question is a part-time judge, he need not refrain from political activity as required by Supreme Court Rule 2, Canon 7. If, however, the municipal judge is a full-time judge, receiving compensation as a full-time judge, and is not permitted to practice law, then the municipal judge must comply with Supreme Court Rule 2 Canons 4, 5, 6 and 7. Accordingly, such a full-time municipal judge could not engage in political activities.
In conclusion, a part-time municipal judge may be a member of a congressman’s reelection committee and attend a fund raiser for that congressman’s benefit. A full-time municipal judge may not.
(Date: August 24, 1982)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 85
Issue:
May a municipal judge be a member of a U.S. Congressman’s reelection committee and may he attend a fund raiser for that congressman?
Discussion:
Under the section entitles “Compliance with the Code of Judicial Conduct” of Supreme Court Rule 2, it states:
A. Part-time Judge. A part-time judge is a judge who serves on a continuing or periodic basis, but is permitted by law to devote time to some other profession or occupation and whose compensation for that reason is less than that of a full-time judge. A part-time judge:
(1) is not required to comply with Canons 4, 5, 6 and 7;
Accordingly, if the municipal judge in question is a part-time judge, he need not refrain from political activity as required by Supreme Court Rule 2, Canon 7. If, however, the municipal judge is a full-time judge, receiving compensation as a full-time judge, and is not permitted to practice law, then the municipal judge must comply with Supreme Court Rule 2 Canons 4, 5, 6 and 7. Accordingly, such a full-time municipal judge could not engage in political activities.
In conclusion, a part-time municipal judge may be a member of a congressman’s reelection committee and attend a fund raiser for that congressman’s benefit. A full-time municipal judge may not.
(Date: August 24, 1982)