Conflict of Interest/Failure to Disqualify

Topics: Conflict of Interest/Failure to Disqualify

Opinion 195

Summary: It is not appropriate for a part-time magistrate to simultaneously be employed as the Clerk of the Recorder's Court of the same county in which the judge presides as a part-time magistrate. Issued: May 27, 1994

Opinion 196

Summary: The Mayor of a city may not simultaneously serve as the judge of that city's Municipal Court. Issued: June 28, 1994

Opinion 197

Summary: In light of the language of Rule 3.7(B)(1)(a) of the 1994 Code of Judicial Conduct, continued service by a full-time judge on the Board of Directors for the Georgia affiliate of the American Civil Liberties Union ("ACLU") is inappropriate. Issued: June 28, 1994

Opinion 198

Summary: A Chief Magistrate sitting by designation in another court is disqualified from hearing a case involving as associate magistrate whom such Magistrate appointed even after orally offering recusal with disclosures to all parties. If the 2.11(A) disqualification is to be waived, the remittal p...

Opinion 199

Summary: Under the circumstances described in the request, it is not inappropriate for the wife of the senior partner of a part-time Juvenile Court Judge to serve as Director of local Court Appointed Special Advocates program ("CASA"), but great care must be exercised to assure full compliance with ...

Opinion 200

Summary: The practice of a law by senior judges should not be condoned, and if senior judges desire to engage in the practice of law, such judges should comply with USCR 18.8 and declare themselves ineligible to serve as judges. Issued: April 26, 1995

Opinion 201

Summary: Judicial participation in the formulation, distribution and/or dissemination of family violence protocols for use by judges is inappropriate. However, participation in certain limited aspects of the work of Family Violence Task Forces is permissible provided such service does not cast doubt...

Opinion 202

Summary: Judicial participation on a County Board of Ethics established to hear complaints against elected public officials is inappropriate, nor should judges appoint a designee' to serve on such boards. Issued: July 28, 1995

Opinion 215

Summary: It is inappropriate for any judicial officer to endorse or otherwise publicly align himself or herself with any private, for-profit probation service. Issued: September 30, 1996

Opinion 218

Summary: Because a hearing on the merits of a Petition for Revocation of Probation is a separate and distinct "matter in controversy" from the proceeding giving rise to the original sentence, Rule 2.11(A)(6) does not require automatic disqualification of a newly appointed Superior Court Judge who pr...

Opinion 219

Summary: It is inappropriate for any judge to use the power and prestige of judicial office to advance the private interests of a spouse or immediate family member. Hence, a juvenile court judge should not order children and/or parents to obtain counseling from an organization from which his wife re...

Opinion 220

Summary: NOTE: This Opinion is modified and narrowed by Opinion No. 226. Even without a showing of actual bias, prejudice or unfairness, and regardless of the merits or timeliness of a Motion to Recuse, it is inappropriate for any trial court judge to preside in any action wherein one of the partie...

Opinion 221

Summary: The mere leaving of previously contributed 401-K funds with a newly elected judge's former law firm would not constitute a violation of any of the three per se grounds for disqualification in Rule 2.11. However, to remove any possible violation of Rule 3.11, the judge should pay his pro rat...

Opinion 222

Summary: Newly elected judges who formerly served as District Attorneys may appropriately preside in cases involving matters which were of record in the District Attorney's office prior to the judge's appointment or election so long as the judge did not personally serve as a lawyer in the matter or ...

Opinion 223

Summary: The Commission declines to specify a specific period of time within which a judge must automatically disqualify in cases involving a former law partner, but issues general guidelines which should be considered in reaching an appropriate decision. Issued: September 26, 1997

Opinion 224

Summary: Practicing attorneys who serve as part-time magistrates should not appear as counsel in any Magistrate Court sitting in the same county, regardless of the frequency of such services. Issued: December 19, 1997

Opinion 225

Summary: It is inappropriate for any judicial officer to accept and/or use "Official Documents" envelopes provided at no cost to the court by advertising agencies for commercial banks and bearing advertisements naming both the court and the bank. Any judicial officer who may have heretofore unknowin...

Opinion 37

Summary: A judge may serve as President of a charitable organization but may not participate in fund raising activities such as signing and sending out solicitation letters, permitting letters to be sent out on which the judge's name appears as an officer of the organization, presiding or being prom...

Opinion 38

Summary: It would not violate the Code of Judicial Conduct for a judge to serve on a State Board of Probation, to set policy for and to administer the Statewide Probation Act, pursuant to legislation providing that probation is a function of the judicial system. Issued: January 27, 1980

Opinion 40

Summary: A judge would not necessarily be disqualified to hear a case in which a financial institution was a party where the judge has an outstanding loan with the institution, but any special circumstances should be considered in determining whether the judge may have developed a personal bias or ...
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