Opinion 97
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rules are Canons 2B, 5C, 5F; Mo. Const. Art. V, Sec. 20; ABA Informal Opinion 1385 (1977); ABA Comm. on Professional Ethics and Grievances Formal Opinion 254 (1943)a. Cross-referenced to Opinion 84A).)
Issue:
May a part time municipal judge accept compensation from a private organization which exists to provide financial assistance to a state college?
Discussion:
Article V, Section 20 of the Constitution of the State of Missouri provides:
In Opinion 84A, the Commission interpreted Article V, Section 20 of the Constitution to mean that “no full time or part time judge shall accept payment from the State of Missouri for any public service other than the salary received as a judge.”
The present issue before the Commission is whether a judge can accept compensation from a private source for a public service. In the opinion of the Commission on Retirement, Removal and Discipline, the judge may receive compensation (other than his judicial salary) for a public service so long as that compensation does not come from the State of Missouri. Accordingly, the municipal judge may counsel students for a state college and receive compensation from a private not-for-profit organization.
(Dated: September 1, 1983)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 97
Issue:
May a part time municipal judge accept compensation from a private organization which exists to provide financial assistance to a state college?
Discussion:
Article V, Section 20 of the Constitution of the State of Missouri provides:
No judge shall receive any other or additional compensation for any public service.
In Opinion 84A, the Commission interpreted Article V, Section 20 of the Constitution to mean that “no full time or part time judge shall accept payment from the State of Missouri for any public service other than the salary received as a judge.”
The present issue before the Commission is whether a judge can accept compensation from a private source for a public service. In the opinion of the Commission on Retirement, Removal and Discipline, the judge may receive compensation (other than his judicial salary) for a public service so long as that compensation does not come from the State of Missouri. Accordingly, the municipal judge may counsel students for a state college and receive compensation from a private not-for-profit organization.
(Dated: September 1, 1983)