Opinion 91

The Commission has been asked for an Advisory Opinion as to whether there is any reason why a clerk of a Superior Court Judge, whose principal responsibilities consist of legal research and the drafting of orders on habeas corpus petitions and various motions before the court, should not apply for the part-time position of assistant magistrate in an adjacent county in which he resides. Sub-paragraph A(2) of the Application of the Code of Judicial Conduct provides in pertinent part as follows:

A. Part-time Judges

(2) shall not practice law in the court on which they serve, or act as lawyers in proceedings for which they have served as judges or in any proceeding related thereto; nor should they practice law in any court over which the court they serve as a part-time judge conducts appellate review.

In view of the foregoing provision, there would not appear to be any reason why the clerk should not apply for the position of Assistant Magistrate of the Magistrate Court in the adjoining county in which he resides, inasmuch as this would not involve a violation of any of the restrictions spelled out in the foregoing section of the code.

[Pertinent Code of Judicial Conduct provisions: Application Provision (A)(2), Rules 1.2(B), 2.8, 3.10. Cross reference to other relevant opinions for review: #59, #87, #88, #116, #157, #193.]

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