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Opinion 65

The Commission has been asked for an opinion as to whether it is inappropriate for a part-time judge of the State Court of Grady County to also serve as part-time judge of the Recorders Court of the City of Cairo. The Commission is of the opinion that this question should be answered in the negative. Appeal from the Recorders Court is to the Superior Court, except that, in certain instances, an appeal maybe taken to the State Court for the purpose of a jury trial. This right of transfer, if requested, is automatic. The two courts are, nevertheless, separate and distinct, and there would appear to be no reason that a single judge should not preside as such in both courts, subject to the restriction that, in no event, should be preside in the State Court to review judgments reached by him in the Traffic Court, so as to effectively deny the full right of appeal contemplated by due process.

[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, Application Provision (A)(2). Cross reference to other relevant opinions for review: #57, #111, #149, #195.]

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