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Opinion 104

The Judicial Qualifications Commission has been asked for an Advisory Opinion as to whether a motion to recuse the three Judges of the Southern Judicial Circuit under the terms of Rule 2.11, in a case involving an alleged solicitation and attempt to murder the sheriff of one of the counties in that circuit should be granted.

The foregoing request presents, for the first time, the preliminary question as to whether it is appropriate for the Commission to render an Advisory Opinion on a motion still pending before the court for adjudication in ongoing litigation and the Commission, after full consideration, has concluded that this question must be answered in the negative. For that reason, the Commission respectfully declines to render an opinion with respect to the question submitted.

[Pertinent Code of Judicial Conduct provisions: Rules 1.2(B), 2.4(B), 2.11.]

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