Application of the Code of Judicial Conduct

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Application of the Code of Judicial Conduct

Home : Governing Provisions : Code of Judicial Conduct : Application of the Code of Judicial Conduct

(A) Anyone, whether or not a lawyer, who is an officer of a judicial system and who performs judicial functions, including an officer such as a magistrate, court commissioner, special master or referee, is a judge within the meaning of this Code. All judges should comply with this Code except as provided below.

(1) A Part-Time Judge

(a) is not required to comply:

(i) except while serving as a judge, with Section 3(A)(9); and

(ii) at any time with Sections 5(C)(2) and (3), 5(D), 5(E), 5(F), 5(G) and 6(C).

(b) should not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto.

Comment

When a person who has been a part-time judge is no longer a part-time judge, that person may act as a lawyer in a proceeding in which he or she has served as a judge or in any other proceeding related thereto only with the express consent of all parties pursuant to the Rules of Professional Conduct.

(2) A Pro Tempore Judge

(a) is not required to comply:

(i) except while serving as a judge, with Sections 2(A), 2(B), 3(A)(9), 4(B), 4(C) and 7(A);

(ii) at any time with Sections 2(C), 5(B), 5(C)(2), 5(C)(3), 5(C)(4), 5(D), 5(E), 5(F), 5(G) and 6(C).

(b) A person who has been a pro tempore judge should not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto except as otherwise permitted by the Rules of Professional Conduct.

(B) Time for Compliance. Persons to whom this Code becomes applicable should arrange their affairs as soon as reasonably possible to comply with it.

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