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Opinion 149

The Judicial Qualifications Commission has been asked for an Advisory Opinion as to whether it is permissible for a full time State Court Judge to also serve as a judge in a Municipal Court to preside over traffic cases and municipal ordinance violations.

The statement is made that said service on the Municipal Court would not interfere with service as a State Court Judge, although the possibility would exist for certain cases to be bound over from the Municipal Court to the State Court on rare occasions. Compensation for services on the Municipal Court would be paid by the city on a per session basis, and compensation as a State Court Judge is paid by county funds at a salary set by the State Legislature and supplemented by the County Commission.

In the opinion of the Commission, service of the judge on the two courts under the circumstances stated above would not be per se inappropriate, but the judge would be subject to disqualification for cause in a particular case under Rule 2.11(A) wherever disqualification was appropriate.

[Pertinent Code of Judicial Conduct provisions: Rules 1.2(B), 2.4(B), 2.11(A), 3.1(A), 3.4, 3.7(A)(1), 3.10. Cross reference to other relevant opinions for review: #57, #65, #111, #195.]

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