JUDICIAL ETHICS OPINION 2000-5

¶0 QUESTION 1:If a municipal judge files for election to a non-judicial position, should the municipal judge first resign the judicial position?
WE ANSWER:YES.

"PERIODIC PART-TIME JUDGE. A periodic part-time judge is a municipal judge who serves on a continuing or periodic basis but is permitted by law to devote time to some other profession or occupation and whose compensation for that reason is less than that of a full-time judge."

Canon 5A(2):"A judge should resign from judicial office upon becoming a candidate for a non-judicial office either in a primary or in a general election . . . ."

¶2 Paragraph D under Application of the Code clearly defines a periodic part-time judge and leaves no doubt that this includes a municipal judge. Paragraph D lists numerous Canons with which a periodic part-time judge is not required to comply; however, Canon 5A(2), quoted above, is not one of them. A municipal judge upon filing for a non-judicial office must resign from his or her judicial position.

¶3 Robert L. Bailey, Chairman

¶4 Robert A. Layden, Vice-Chairman

¶5 Milton C. Craig, Secretary