Opinion 137

The Judicial Qualifications Commission has been asked for an Advisory Opinion as to whether it is appropriate for a judge to also serve as an assistant prosecuting attorney.

In Opinion 70, this Commission held that it would not be appropriate for a magistrate to serve as constable in his own court for the reason that this would deny him the appearance of impartiality essential to the proper discharge of his judicial duties as Magistrate of the court.

In Opinion 34, in a somewhat comparable situation, the Commission concluded that a police office should not serve as a Justice of the Peace because his “impartiality might reasonably be questioned.”

For the same reason, the Commission concludes that a judge should not serve as an Assistant District Attorney.

[Pertinent Code of Judicial Conduct provisions: Canon 1, Rules 1.2(B), 2.4(B), 2.11(A), 3.4. Cross reference to other relevant opinions for review: #34, #70, #101, #151, #155, #162, #172, #179.]

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