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Opinion 44

The Commission has been asked to express an opinion as to whether an Associate Judge of the State Court of Dougherty County could file dispossessory warrants and handle civil and criminal cases in that court as long as the regular judge tries his cases.

Associate Judges of the State Court of Dougherty County “exercise all the powers of the Judge of the State Court of Dougherty County.” (Ga. L. 1976-3176, 3180).

A part-time judge should not practice law in the court on which he serves or in any court subject to the appellate jurisdiction of the court on which he serves, or act as a lawyer in a proceeding in which he has served as a judge or in any other proceeding related thereto. (Code of Judicial Conduct, 231 Ga. A15(2)).

It is the opinion of the Commission that an Associate Judge of the State Court of Dougherty County should not practice law in that court in any manner whatsoever.

[Pertinent Code of Judicial Conduct provisions: Rules 1.2(B), 2.4(C), 3.10, Application Provisions (A)(2). Cross reference to other relevant opinions for review: #31, #45, #69, #107, #134, #180, #185, #224.]

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