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Opinion 162

The Judicial Qualifications Commission has been asked for an Advisory Opinion by a part-time Magistrate (not an attorney) as to whether additional work as a paid mediator in criminal cases for the District Attorney’s office would be a conflict of interest with his work as A part-time Magistrate.

In Opinion No. 101, this Commission concluded that any employee of a law enforcement body is disqualified by conflict of interest from serving as a magistrate. It is the opinion of this Commission that the District Attorney’s office clearly comes within the definition of a law enforcement body, and accordingly, the question posed must be answered in the affirmative.

[Pertinent Code of Judicial Conduct provisions: Canon 1, Rule 1.2(B), 2.4(B), 2.11(A)(2), Canon 3. Cross reference to other relevant opinions for review: #34, #70, #101, #137, #151, #172, #179.]

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