A Chief Magistrate, who has been asked to serve as manager of an historic hotel building which has been renovated for use for elderly housing, has asked for an Advisory Opinion as to whether the potential conflict of interest would create an appearance of impropriety which would disqualify him from accepting such employment.
In the event of any proceedings in the court of the Chief Magistrate involving the hotel building, there would, of course, be a conflict of interest and the Chief Magistrate would be required to disqualify. Moreover, it is clear that, if such conflicts were to be frequent, he should not accept the employment, but should disqualify himself ab, initio, but, whether this is required, only he is in a position to judge at this time. In any event, should it prove to be necessary, he can resign at any time and should not fail to do so.
[Pertinent Code of Judicial Conduct provisions: Rules 2.11(A) and 3.11. Cross reference to other relevant opinions for review: #11, #32, #42, #53, #61, #76, #148, #160.]