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1995 North Park Place SE, Suite 325, Atlanta, GA 30339 | (404) 558-6940 | Email Us

Topics: Conflict of Interest/Failure to Disqualify

Opinion 92

Summary: It is inappropriate for a judge to act as a class representative in a class action which involves a private matter in which the judge and others have sustained an economic loss as distinguished from a public issue class action, such as resulted in Opinion Nos. 2 and 77. Issued: December 23...

Opinion 93

Summary: The issuance of a warrant by a Magistrate is a judicial act and a Magistrate is subject to all of the provisions of the Code of Judicial Conduct with respect to disqualification. Issued: December 23, 1986

Opinion 94

Summary: Association of a Workmen's Compensation hearing officer, by an attorney who regularly appears before that judge, to represent a client in a wrongful death action on a contingent fee basis, where the fee is to be divided in proportion to the time devoted to the case by each lawyer, creates a...

Opinion 95

Summary: It is permissible for a judge to act as executor /executrix of the will of the judge's grandfather, subject to the restrictions on fiduciary activities set out in the Code of Judicial Conduct. Issued: February 06, 1987

Opinion 96

Summary: It could be inappropriate for a judge to accept, without cost, a title search and opinion from an attorney. Issued: April 03, 1987

Opinion 97

Summary: It is inappropriate for a Magistrate to become a stockholder in a corporation organized to operate a collection agency which would bring actions in the judge's court, even though the judge would disqualify, be a passive stockholder and not be involved in active management of the collection ...

Opinion 98

Summary: It is inappropriate for a judge to be a dues paying member of a Plaintiffs or Defendants Trial Lawyers Association. Issued: June 12, 1987

Opinion 99

Summary: Opinion No. 88 is revoked because attorneys are not members of the judiciary subject to the Code of Judicial Conduct. Issued: May 14, 1987

Opinion 100

Summary: It is inappropriate for the court to have ex parte communications with prevailing counsel in reference to the preparation of proposed Findings of Fact and Conclusions of Law. The court may, if it elects to do so: (a) request counsel for both parties to submit a proposed Findings of Fact, Co...

Opinion 101

Summary: Any employee of a law enforcement body is disqualified by conflict of interest from serving as a Magistrate. Issued: July 06, 1987

Opinion 102

Summary: While employment of a judge to lecture on the law is permissible, great care must be exercised to avoid any arrangement giving the impression that the prestige of judicial office is being used to advance the private interests of another, or is being exploited to increase the compensation of...

Opinion 103

Summary: Directors of Georgia Legal Services Program are not involved in providing legal services or raising funds, nor does the organization have issues before the Magistrate Court and, for that reason, a part-time Magistrate may serve as a Director provided such service does not interfere with the...

Opinion 104

Summary: The Commission declines to render an advisory opinion on a judicial disqualification motion pending in ongoing litigation. Issued: August 28, 1987

Opinion 105

Summary: Service by the Chief Judge of the Atlanta Municipal Court on an advisory board formed to review and give advice concerning the operation of the Court would not violate the Code of Judicial Conduct, unless participation by the judge interferes with the proper performance of judicial duties, ...

Opinion 107

Summary: Representation of a defendant in a criminal case by a part-time judge is not per se inappropriate, but the regular or exclusive representation of such defendants by a judge might destroy the appearance of judicial impartiality and, therefore, make it inappropriate. Issued: February 08, 198...

Opinion 109

Summary: A part-time judge may serve as County Attorney, if such representation does not involve a matter handled by the judge in court, a matter then pending in the judge's court, or a matter which the judge knows, or has reason to believe, will later be brought into the court. Issued: February 29...

Opinion 110

Summary: A judge may participate in a TV documentary on athletics and drug and alcohol abuse at the high school level dealing with a former high school athlete who committed criminal offenses and is now incarcerated under a sentence imposed by the judge, if the time for appeal has passed, and no oth...

Opinion 111

Summary: The appointment of a retired Senior Superior Court Judge as Judge of a Municipal Court would not constitute a violation of the Code of Judicial Conduct, but might result in suspension of the Senior Judge from that position while holding the office of Municipal Court Judge. NOTE: The Georgi...

Opinion 112

Summary: It is permissible for a Chief Magistrate to appoint as a Magistrate a lawyer who is the spouse of an Assistant District Attorney in the judicial circuit. Issued: April 22, 1988

Opinion 113

Summary: Subject to certain assumptions and limitations set out in the Opinion, it is permissible for the Worker's Compensation Section of the State Bar to reimburse Administrative Law Judges for lodging expenses incurred at Section seminars and State Bar meetings. Issued: April 22, 1988
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