Conflict of Interest/Failure to Disqualify

Topics: Conflict of Interest/Failure to Disqualify

Opinion 19

Summary: A part-time Juvenile Court Judge who is frequently contacted to represent adults charged with being engaged in illegal schemes or acts with juveniles is personally disqualified to represent such adults and should not refer them to a firm partner or associate. Issued: October 28, 1977

Opinion 3

Summary: A judge may not serve in a fiduciary capacity, on behalf of a non-family member, although named in a will executed before, but where the testator dies after, the date the Code of Judicial Conduct becomes effective as to that judge. Issued: December 03, 1975

Opinion 10

Summary: A judge could serve as guardian for elderly aunt in Florida in view of close family relationship and fact that such service would not interfere with proper administration of judicial duties. Issued: February 10, 1977

Opinion 11

Summary: A judge, who at time of taking office held real estate broker's license, can maintain license in force, provided judge conducts no real estate activities as broker and does not use name in connection with brokerage transaction in any way; it being judge's desire to maintain license in orde...

Opinion 12

Summary: A judge who was a member of a professional corporation law firm may receive share of fees earned in uncompleted matters pending at the time of appointment to bench. Issued: May 28, 1977

Opinion 13

Summary: Note: This Opinion has been modified - See Rule 3.13. A judge should not accept the invitation of a law firm to attend an out-of-state weekend outing sponsored by the firm. Issued: July 07, 1977

Opinion 14

Summary: A Judicial District Administrative Judge may properly appoint son-in-law of another judge in the district as Administrative Assistant. Issued: July 23, 1977

Opinion 16

Summary: A newly appointed judge may continue joint ownership of office building with former partner or continue sole ownership and lease building to succeeding partnership, but a judge should refrain from initially embarking upon this type of financial and business dealing while serving as judge; ...

Opinion 17

Summary: A judge should not assume chairmanship of church fund raising drive; nor should a judge serve as member of development council the function of which would be to raise funds to provide private financial support needed by the University of Georgia School of Law. Issued: October 27, 1...

Opinion 18

Summary: A Superior Court Judge should not serve as a member of a board of education for county area vocational technical school. Issued: October 28, 1977

Opinion 20

Summary: A judge should not preside in case in which one of the lawyers is member of firm that includes the judge's son. Issued: November 02, 1977

Opinion 21

Summary: Note: After this Opinion was decided, the judicial office of Justice of the Peace was eliminated from Georgia government; the principles underlying the Opinion, however, retain merit relative to other judges. A Justice of the Peace should not (1) solicit claims; (2) receive claims, whether...

Opinion 25

Summary: An honorably retired Court of Appeals Judge not holding emeritus status but receiving State retirement benefit does not hold judicial office, and may engage in political activities without conforming to the Code of Judicial Conduct. (Note: this opinion is not applicable to retired judges m...

Opinion 28

Summary: A Justice of the Peace may act in a non-judicial capacity as agent for the holder of a security interest in personal property in repossessing property on behalf of creditor. (Note: One commission member dissenting. Since rendition of this opinion, the judicial office of Justice of the Peace...

Opinion 31

Summary: Part-time State Court judges are not disqualified from practicing criminal law in the superior courts, but should at all times avoid impropriety and the appearance thereof and as well as keep the functions of judge and practicing attorney completely disassociated from each other. Issued: J...

Opinion 33

Summary: Recusal considerations do not prohibit a judge of the Superior Court whose son serves as District Attorney from signing a rule nisi or similar order setting the time and place for hearing on various criminal matters such as juvenile adjudicatory or dispositional hearings, probation revocati...

Opinion 34

Summary: A Justice of the Peace cannot also serve as a police officer. (Note: Since rendition of this opinion, the judicial office of Justice of the Peace has been eliminated from Georgia government, but the principles underlying the opinion retain merit relative to other judges.) Issued: August 10...

Opinion 57

Summary: A part-time Juvenile Court Judge is permitted to serve as a member of the board of education unless the board has been, or there is reason to anticipate that it will be, engaged in proceedings that ordinarily come before the judge, or that it would be regularly engaged in adversary proceedi...

Opinion 35

Summary: Subject to the specific conditions stated, the arrangement made by a lawyer appointed to the Superior Court bench with another practicing lawyer concerning the handling of the appointees pending cases was appropriate. Issued: August 20, 1979

Opinion 58

Summary: A Superior Court Judge's secretary, who had been a member and secretary of the County Democratic Executive Committee for many years, may serve in that capacity, unless it was undertaken or conducted on behalf of the judge, or the judge undertook to influence or control the secretary's activ...
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