Does the Judicial Code bar extra compensation for a part-time district judge’s additional jail-related judicial duties?

Plain-English summary

An administrative judge asked whether circuit judges could appoint a part-time district judge to perform jail-related judicial work, including warrants and bail hearings, with extra county compensation.

The Committee found no Judicial Code bar to accepting those added duties or reasonable pay. It stressed that the Code did not create an entitlement to extra compensation. It left open whether a statute prohibited extra pay and whether the tasks were already part of the judge’s regular position.

Common questions

Q: Did the Committee decide whether a statute allowed the extra pay?

A: No. It said statutory compensation limits fell outside its authority.

Q: Did the Code require extra compensation for the duties?

A: No. The Committee expressly said the Code offered no basis to demand or require it.

Background and rules framework

The Committee addressed the Code’s Application Section and Canon 4(D) concerning a continuing part-time judge’s other work and compensation. It limited its conclusion to the Code, leaving statutes and the job’s proper duties unresolved.

Citations and references

• Arkansas Code of Judicial Conduct Application Section and Canon 4(D).

See also

No sibling opinions yet indexed.

Source

• Landing page: https://jddc.arkansas.gov/opinions/opinion-no-03-03/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

May 12, 2003

Honorable John R. Scott

State of Arkansas Circuit Court

Nineteenth Judicial District West, Division IV

Benton County Courthouse

102 N.E. "A" Street, Box 12

Bentonville, Arkansas 72712

RE: Advisory Opinion 2003-03

Dear Judge Scott:

In your capacity as administrative judge, you have asked whether the circuit judges may appoint a part-time district judge to perform judicial duties at the county jail. The judge would function in a capacity similar to a magistrate; that is, reviewing probable cause affidavits, issuing search warrants and arrest warrants, conducting bail bond hearings, appointing the Public Defender, and similar tasks. For these services the judge would be compensated by the county, over and above the compensation received for serving as the district judge.

The Arkansas Code of Judicial Conduct permits a continuing part-time judge (such as a district judge) to engage in the private practice of law, to own and operate a business, to be a director of a bank, to be compensated for speeches or books, and to participate in similar activities. Application Section; Canon 4(D). Like a full time judge, a part time judge is to avoid the appearance of impropriety, to conduct his extra judicial affairs so as to minimize conflict with judicial obligations, and to receive only reasonable compensation for the work done.

We find nothing in the Code of Judicial Conduct that bars a district judge from accepting additional judicial responsibilities and from being compensated for them. The county could hire or appoint a non judge to perform these judicial duties. But the Code does not bar a district judge from also performing them.

However, we are unable to answer other questions that may be appropriate. For example, does statutory law bar a part-time judge from receiving additional compensation for other judicial services performed in the same county?

Further, what are the proper duties of a part-time district judge? It may be well be concluded that the duties of the judge necessarily include the functions that you describe in your letter. In that case, they would fall within the regular salary paid to the judge, and no extra compensation is required.

Such questions, which fall outside our authority, are more appropriately addressed to the Attorney General, the Administrative Office of the Courts, the Quorum Court, or other authority.

Our narrow conclusion is that the Code of Judicial Conduct does not prohibit extra compensation, nor does it provide a basis to demand or require such compensation.

Sincerely,

Howard W. Brill

For the Committee