May a retired judge participate in a nephew’s judicial campaign while receiving judicial retirement pay?

Plain-English summary

A former Arkansas Supreme Court justice asked about participating in his nephew’s circuit-judge campaign. He had held no judicial position since 1981 but received judicial retirement pay.

The Committee concluded that receiving retirement pay, or being subject to possible recall, did not place a retired judge within the Code’s listed categories of active, part-time, or occasional judicial service. It said he could participate in the campaign with the same limitations as any other attorney.

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 receiving judicial retirement pay change the answer?

A: No. The Committee said retirement pay did not bring him within the Code’s covered judicial-service categories.

Q: What role could the retired judge have in the campaign?

A: The opinion said he could participate to the same extent, and with the same limits, as another attorney.

Background and rules framework

The Committee interpreted the Arkansas Code of Judicial Conduct Application Section’s definition of a judge and its categories of part-time judicial service.

Citations and references

• Arkansas Code of Judicial Conduct Application Section.

See also

No sibling opinions yet indexed.

Source

• Landing page: https://jddc.arkansas.gov/opinions/opinion-no-94-06/

Original opinion text

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

Honorable John A. Fogleman

Gill Law Firm

3801 TCBY Building

Capitol and Broadway

Little Rock, AR 72201

Re: Advisory Opinion #94-06

Dear Judge Fogleman:

Your letter of April 14, 1994 asks to what extent you are permitted to participate in the campaign of your nephew who is running for Circuit Judge. Your letter indicates that you served on the Arkansas Supreme Court for fourteen (14) years, that you have not occupied any judicial position since 1981 and that you currently draw judicial retirement pay.

The Application Section of the Code of Judicial Conduct states that AAnyone, whether or not a lawyer, who is an officer of a judicial system and who performs judicial functions ... is a judge within the meaning of this Code.@ Part-time judges who fall within the categories of a continuing part-time judge, pro tempore part-time judge or periodic part-time judge are subject to some of the provisions of the Code.

It is our opinion that a retired judge, even though receiving retirement pay and regardless of whether the judge is subject to recall or service, is not within the categories of judicial service contemplated by the Application Section. A retired judge can participate in judicial campaigns to the same extent, and with the same limitations, as any other attorney.

Sincerely,

Howard W. Brill

for the Committee

Bruce T. Bullion and Edwin Alderson concur.