Opinion 163
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rules are 2-2.11 Recusal, Subdivisions (A); and 2-1.2 Promoting Confidence in the Judiciary.)
Issue:
May a lawyer serve as Municipal Court Judge in the same municipality which retains the lawyer’s partner as city attorney? The municipality in question also has a prosecuting attorney who handles ordinance and traffic violations. The city attorney does not appear in municipal court.
Discussion:
Supreme Court Rule 2, Canon 3(C) requires a judge to recuse “in a proceeding in which a judge’s impartiality might reasonably be questioned.” Additionally, Canon 2 requires a judge to avoid the appearance of impropriety in official activities.
The Commission notes that the city attorney may be involved in drafting ordinances which are then interpreted and applied by the municipal judge. The Commission perceives that for the same law office to be involved in both drafting and interpreting ordinances may create an appearance of impropriety. As a result, such dual employment is prohibited.
(Dated: February 24, 1995)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 163
Issue:
May a lawyer serve as Municipal Court Judge in the same municipality which retains the lawyer’s partner as city attorney? The municipality in question also has a prosecuting attorney who handles ordinance and traffic violations. The city attorney does not appear in municipal court.
Discussion:
Supreme Court Rule 2, Canon 3(C) requires a judge to recuse “in a proceeding in which a judge’s impartiality might reasonably be questioned.” Additionally, Canon 2 requires a judge to avoid the appearance of impropriety in official activities.
The Commission notes that the city attorney may be involved in drafting ordinances which are then interpreted and applied by the municipal judge. The Commission perceives that for the same law office to be involved in both drafting and interpreting ordinances may create an appearance of impropriety. As a result, such dual employment is prohibited.
(Dated: February 24, 1995)