Conflict of Interest/Failure to Disqualify

Topics: Conflict of Interest/Failure to Disqualify

Opinion 61

Summary: If judicial publication and distribution of a proposed newsletter is carried out strictly in the manner represented and without interference with the judges' primary commitment to the proper performance of their judicial duties, such publication and distribution will not violate the applica...

Opinion 65

Summary: It is permissible for a part-time Judge of the State Court of one county to also serve as part-time Judge of the Recorders Court of a city. Issued: January 30, 1985

Opinion 68

Summary: It is inappropriate for judges to appoint their spouses or other immediate family members to serve as their personal secretaries. Issued: February 22, 1985

Opinion 69

Summary: A part-time Juvenile Court Judge in one county can practice in the Juvenile Courts of another county without violating any of the provisions of the Code of Judicial Conduct. Issued: February 25, 1985

Opinion 70

Summary: A Magistrate may not serve as constable for the court in which that judge may preside. Issued: March 25, 1985

Opinion 71

Summary: An administrative judge of the Workers' Compensation Board is not per se disqualified to consider cases where (1) medical bills are in dispute from hospitals owned by the employer of the judge's spouse, or (2) where the employer of the judge's spouse is being sued by an employee to recover ...

Opinion 72

Summary: Disqualification is not automatically required because a judge's spouse works for Legal Aid and a lawyer appearing for a party in the judge's court is from a Legal Aid office, unless other circumstances exist that reasonably call into question the judge's ability to be impartial. Issued: A...

Opinion 73

Summary: A judge may serve on an Advisory Committee of Citizens for Better Libraries, but care should be exercised that the judge's name as a committee member is not used in the solicitation of funds for the organization. Issued: September 13, 1985

Opinion 74

Summary: Use of a judge's name or personal stationery to solicit registrants for a travel tour is prohibited, but a judge may serve as a lecturer or speaker or officer of the organization promoting the tour. Issued: October 25, 1985

Opinion 76

Summary: A judge who is a stockholder of a bank would be disqualified in any case in which the Bank is a party - (1) from signing a nisi order which only set the matter for hearing, or (2) included emergency relief, such as a Temporary Restraining Order, or (3) from signing uncontested orders such a...

Opinion 77

Summary: It is inappropriate for an active judge to serve as a class representative in class action litigation. Issued: December 23, 1985

Opinion 78

Summary: It is inappropriate for a judge to co-sign a letter urging the adoption of a mandatory assessment/treatment program for DUI drivers in Georgia. Issued: April 04, 1986

Opinion 79

Summary: An agreement by a corporation in which a judge was a stockholder to compensate for legal services a lawyer who practiced in the judge's court through payment of a royalty fee on the amount of water sold by the company would involve an unavoidable risk of an appearance of impropriety, and th...

Opinion 80

Summary: The term "other fiduciaries" as used in the Code of Judicial Conduct includes a power of attorney under which the judge could act only if the grantor should be declared mentally incompetent, but even long friendship with the grantor would not justify a judge in accepting such a fiduciary re...

Opinion 83

Summary: A judge who is a candidate for reelection can (1) accept a complimentary ticket and attend a political party and (2) buy a ticket and attend, if the price of the ticket is adjusted to cover only the cost of a meal and not include any contribution to the political party. Issued: June 02, 19...

Opinion 84

Summary: Recusal is not automatically required when a first cousin of the judge's spouse is a party before the court. Issued: June 02, 1986

Opinion 86

Summary: In the case of spouses appointed before the issuance of Opinion 68 on February 22, 1985, while there is a presumption of impropriety, this presumption is rebuttable, and the employment may be continued so long as it affirmatively appears to be justified on the basis of ability rather than r...

Opinion 87

Summary: NOTE: The 1987 revision of O.C.G.A. 15-10-22 permits part-time lawyer magistrates to practice law in cases originating from their courts, unless they personally exercised judicial power in the matter. A part-time Magistrate cannot represent a defendant in the Superior Court in connection ...

Opinion 89

Summary: A judge may serve on the advisory board of a local unit of the Salvation Army, provided care is taken not to violate any of the Code of Judicial Conduct restrictions and limitations regarding involvement with civic and charitable activities. Issued: October 02, 1986

Opinion 91

Summary: There is no reason why a clerk of a Superior Court Judge should not apply for the part-time position of Assistant Magistrate in an adjacent county in which the law clerk resides. Issued: November 05, 1986
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