Opinion 122
(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 2-3.11 Financial, Business, or Remunerative Activities.)
Issue:
May a judge who is a party in a law suit represent himself? Secondly, may a judge who has retained counsel assist that counsel by taking depositions and doing discovery work?
Discussion:
Supreme Court Rule 2, Canon 5F requires that:
In the opinion of the Commission on Retirement, Removal and Discipline, this Canon does not prevent a judge from representing himself in a law suit.
Supreme Court Rule 2, Canon 5C states:
It is also the Commission’s opinion that the judge should not become involved in financial or business dealings which will result in the judge’s frequent appearance in court as a pro se litigant. However, in the case of an isolated law suit, the Canons do not prevent the judge from representing himself.
In the event that the judge employs counsel, the judge may still assist that counsel in taking depositions, doing discovery work, or any other activity related to the trial of the case.
(Dated: January 27, 1986)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 122
Issue:
May a judge who is a party in a law suit represent himself? Secondly, may a judge who has retained counsel assist that counsel by taking depositions and doing discovery work?
Discussion:
Supreme Court Rule 2, Canon 5F requires that:
A judge should not practice law.
In the opinion of the Commission on Retirement, Removal and Discipline, this Canon does not prevent a judge from representing himself in a law suit.
Supreme Court Rule 2, Canon 5C states:
A judge should refrain from financial and business dealings that tend to reflect adversely on his impartiality, interfere with the proper performance of his judicial duties, exploit his judicial position, or involve him in frequent transactions with lawyers or persons likely to come before the court on which he serves.
It is also the Commission’s opinion that the judge should not become involved in financial or business dealings which will result in the judge’s frequent appearance in court as a pro se litigant. However, in the case of an isolated law suit, the Canons do not prevent the judge from representing himself.
In the event that the judge employs counsel, the judge may still assist that counsel in taking depositions, doing discovery work, or any other activity related to the trial of the case.
(Dated: January 27, 1986)