Must a judge recuse when a lawyer opposing the judge for reelection appears in court?
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This page answers the general question as of 1994. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
A municipal judge asked about cases involving a local lawyer who was considering running against him. The judge proposed recusal if the lawyer announced a candidacy.
The Committee agreed. Applying Canon 3 E(1)’s reasonable-question standard, it favored disqualification in all cases where the attorney opposing the judge for reelection appeared before that judge.
Currency note
This opinion predates the Arkansas Code of Judicial Conduct that took effect July 1, 2009, as stated in JEAC Opinion 2009-04. Later rules and opinions may have changed the analysis. Treat this page as historical context and verify the current Code before relying on a specific rule.
Common questions
Q: Did the opinion require recusal before the lawyer became an opponent?
A: It addressed the judge’s question on the assumption that the lawyer announced a candidacy.
Q: What did it say after the attorney became an opponent?
A: The judge should disqualify from all cases where that attorney appeared.
Background and rules framework
The opinion applied then-current Canon 3 E(1) to an attorney’s candidacy against the presiding judge.
Citations and references
- Arkansas Code of Judicial Conduct Canon 3 E(1).
See also
No sibling opinions yet indexed.
Source
- Landing page: https://jddc.arkansas.gov/opinions/opinion-no-94-02/
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
February 16, 1994
The Honorable John A. Crain
Municipal Judge
Mountain Home Municipal Court
720 Hickory
Mountain Home, AR 72653
RE: Advisory Opinion 94-02
Dear Judge Crain:
In your request for an advisory opinion dated January 21, 1994 you stated that a member of your local bar has indicated that he is considering running against you in the next election for Municipal Judge. You inquired as to whether you should disqualify yourself in all cases wherein this person acts as an attorney, should he in fact announce his candidacy. You stated that you felt you should recuse "so as not to even appear to be favorable or disfavorable to this attorney." We agree.
Canon 3 E (1) of the new Arkansas Code of Judicial Conduct provides, "A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned …. " Judicial ethics advisory opinions on this subject vary, however we find the weight of the opinions and the preferable view to be that when an attorney is opposing a presiding judge for reelection, the judge should disqualify himself or herself in all cases in which the attorney appears before that judge. This is better for the judge, the opponent and the judicial system.
We thank you for your request and we trust this has been responsive to your needs. Please feel free to inquire further should the need arise.
Very truly yours,
Edwin Alderson - for the Committee
Bruce T. Bullion and Howard Brill concur.
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