The Judicial Qualifications Commission has been asked to reconsider Opinion No. 88 to the extent that it prohibits attorney-partners of Magistrates from taking cases which have originated from warrants issued by other magistrates of the court on which their partner-Magistrate presides.
The request is granted and Opinion No. 88 is revoked for the reason that this Commission is authorized to render Advisory Opinions concerning the proper interpretation of the Code of Judicial Conduct, but attorneys are not members of the judiciary subject to the code. Neither Opinion No. 88 nor this opinion addresses the question as to whether or when such a course of conduct would involve impropriety on the part of the judge.
[Pertinent Code of Judicial Conduct provisions: Rules 1.2(B), 2.4(B), 3.1(A), 3.7(A), 3.10. Cross reference to other relevant opinions for review: #88]