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(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rules are Application, Section I.  Applicability of this Code;” and Rule 2-1.1 Compliance with the Law.)



Issue:

Is a retired judge bound by the proscriptions of the Code of Judicial Conduct concerning political activities?

Discussion:   

That part of the Code of Judicial Conduct concerning compliance states as follows:   

Anyone, whether or not a lawyer, who is an officerof a judicial system performing judicial functions, including an officer such as a special master, court commissioner, or magistrate, is a judge for Purpose of this Code. All judges should comply with the Code ....

In the opinion of the Commission on Retirement, Removal and Discipline, once a judge is retired, he is no longer bound by the Code of Judicial Conduct unless he serves as a Senior Judge. Such a Senior Judge is bound by the proscriptions of the Code of Judicial Conduct in the same manner as if he had not retired. 

A retired judge who has not accepted Senior status may, therefore, engage in political activities.

(Dated: July 11, l990)