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Opinion 234

The Judicial Qualifications Commission has been asked for an Advisory Opinion as to whether a non-sworn employee of a city police department, who only performs clerical duties and does not perform any duties of an police officer, can serve as a magistrate judge in another county.

In Opinion Number 101, the Commission concluded that any employee of a law enforcement body is disqualified by conflict of interest from serving as a magistrate.

In the facts presented in this Opinion the Commission concludes that the mere fact that the employee works for a law enforcement body in a county different from the county in which they would serve as a magistrate judge will not change the fact that a conflict of interest would exist and therefore the employee would be unable to also serve as a magistrate.

[Pertinent Code of Judicial Conduct provisions: Canon 1, Rule 1.2(A), Rule 1.2(B), Rule 2.11(A). Cross reference to other relevant opinions to review: #34, #70, #137, #151, #162, #172, #179.]

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