Opinion 141
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rule is 2-1.2 Promoting Confidence in the Judiciary; and “Application, Section III. Part-Time Municipal Judge.”)
Issue:
May a part-time layman municipal judge assume the duties of a Municipal Building Commissioner pursuant to a municipal ordinance? The Building Commissioner presides over hearings to determine what action city government should take to abate dangerous or unsafe building conditions on private property. While it has never occurred, it is possible that a ruling of the Building Commissioner would result in the issuance of a misdemeanor charge. Typically no more than three such hearings occur per year and there is no extra compensation given to the municipal judge for assuming the duties of Building Commissioner.
Discussion:
Under the part of Supreme Court Rule 2 concerning compliance with Code of Judicial Conduct, it is stated that a part-time need not comply with Canons 4, 5, 6, and 7
However, Supreme Court Rule 2, Canon 1 states:
Additionally, Canon 2 states:
In the opinion of the Commission on Retirement, Removal and Discipline, having a municipal judge concurrently hold the office of Building Commissioner wherein he has the power to order compliance with various building codes would result in the appearance of impropriety and erode the judge’s independence. This would be true even though the change of a misdemeanor charge being issued is remote. Therefore, the judge should not hold the dual responsibility of municipal judge and building commissioner.
(Undated)
COMMISSION ON THE RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 141
Issue:
May a part-time layman municipal judge assume the duties of a Municipal Building Commissioner pursuant to a municipal ordinance? The Building Commissioner presides over hearings to determine what action city government should take to abate dangerous or unsafe building conditions on private property. While it has never occurred, it is possible that a ruling of the Building Commissioner would result in the issuance of a misdemeanor charge. Typically no more than three such hearings occur per year and there is no extra compensation given to the municipal judge for assuming the duties of Building Commissioner.
Discussion:
Under the part of Supreme Court Rule 2 concerning compliance with Code of Judicial Conduct, it is stated that a part-time need not comply with Canons 4, 5, 6, and 7
However, Supreme Court Rule 2, Canon 1 states:
A judge should uphold the integrity and independence of the judiciary.
Additionally, Canon 2 states:
A judge should avoid impropriety and the appearance of impropriety in his official duties.
In the opinion of the Commission on Retirement, Removal and Discipline, having a municipal judge concurrently hold the office of Building Commissioner wherein he has the power to order compliance with various building codes would result in the appearance of impropriety and erode the judge’s independence. This would be true even though the change of a misdemeanor charge being issued is remote. Therefore, the judge should not hold the dual responsibility of municipal judge and building commissioner.
(Undated)