Opinion 168
(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.)
Issue:
May a part-time municipal judge appear and represent a bail bonding company in associate circuit court, circuit court or other municipalities’ courts where the same bail bonding company posts bonds in the judge’s municipal court?
Discussion:
Supreme Court Rule 2, Canon 2, requires that a judge should avoid the appearance of impropriety. In the opinion of the Commission on Retirement, Removal and Discipline, to allow a judge on one day to approve a bond or order a bond forfeited in municipal court and on the next day to appear in another court arguing on behalf of the same bonding company to set aside a bond forfeiture, creates the appearance of a conflict of interest, and the appearance of impropriety. It is the opinion of the Commission, therefore, that the judge should not represent as an attorney the same bonding company which writes bonds in his court.
(Dated: November 18, 1996)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 168
Issue:
May a part-time municipal judge appear and represent a bail bonding company in associate circuit court, circuit court or other municipalities’ courts where the same bail bonding company posts bonds in the judge’s municipal court?
Discussion:
Supreme Court Rule 2, Canon 2, requires that a judge should avoid the appearance of impropriety. In the opinion of the Commission on Retirement, Removal and Discipline, to allow a judge on one day to approve a bond or order a bond forfeited in municipal court and on the next day to appear in another court arguing on behalf of the same bonding company to set aside a bond forfeiture, creates the appearance of a conflict of interest, and the appearance of impropriety. It is the opinion of the Commission, therefore, that the judge should not represent as an attorney the same bonding company which writes bonds in his court.
(Dated: November 18, 1996)