Opinion 75

The Judicial Qualifications Commission has been asked for an advisory Opinion on the following:

1. As to whether an appointed Magistrate, serving under an elected Magistrate, is a county employee, governed by county policy; and

2. As to whether a magistrate, as described above, should resign or take a leave of absence upon qualifying as a candidate for Chief Magistrate or Judge of the Probate Court.

The first question raises a legal or political issue unrelated to the Code of Judicial Conduct and, for that reason, the Commission declines to render an Advisory Opinion on the subject. With respect to the second question, the Code of Judicial Conduct, as amended effective March 15, 1984, no longer contains any prohibition against a judge becoming a candidate for political office while retaining his judicial position. For that reason, this question must be answered in the negative so far as Canon 4 of the Code of Judicial Conduct is concerned.

[Pertinent Code of Judicial Conduct provisions: Rules 1.2(B), 2.8. Cross reference to other relevant opinions for review: #29, #39, #118.]

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