May a Wyoming district judge apply for an appointed federal executive branch job while serving?

Short answer Wyoming JEAC Opinion 2021-01 permits the judge to apply without resigning. If selected, the judge must resign from the district court before the federal appointment.
Bar
JUDICIAL-WY
Issued
March 18, 2021

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This page answers the general question as of 2021. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

The committee addressed a Wyoming district judge's proposed application for nonjudicial employment with the federal executive branch. It concluded that neither Article 5, Section 27 of the Wyoming Constitution nor the Wyoming Code of Judicial Conduct prevents the judge from seeking that appointment.

The opinion distinguishes seeking an appointed position from holding it. In the committee's reading, Article 5, Section 27 prevents a district judge from holding another office while serving, but does not bar the judge from applying. It concludes that the phrase “or be eligible thereto” does not prohibit the application.

Wyoming Code of Judicial Conduct Rule 4.4(A) requires resignation upon candidacy for a nonjudicial elective office. Rule 4.4(B) does not require resignation upon becoming a candidate for an appointive office, provided the judge otherwise complies with the Code. The committee applies that distinction to the federal employment application, while requiring resignation before the appointment if the judge is selected.

In practice

The opinion permits the judge to submit the application without leaving the district court. Its conclusion about continued service ends before the federal appointment: the selected judge must resign before that appointment.

Common questions

Q: Must a district judge resign before applying for an appointed federal executive position?

A: No. The committee says the judge may apply without resigning because the position is appointive, not elective.

Q: When must the judge resign if selected?

A: The committee says the judge must resign from the district court before being appointed to the federal position to comply with Article 5, Section 27.

Q: Does the opinion apply the resign-to-run rule for elective office?

A: No. The opinion distinguishes the application for appointive employment from candidacy for a nonjudicial elective office under Rule 4.4(A).

Background and rules framework

The opinion interprets Wyoming Constitution Article 5, Section 27, which restricts supreme and district court judges from holding other office, alongside Wyoming Code of Judicial Conduct Rule 1.1, requiring compliance with law, and Rule 4.4(A) and (B), which distinguish elective from appointive nonjudicial candidacy. It also quotes Canons 1 and 4 and Rule 4.4's comments.

Citations and references

Wyoming Code of Judicial Conduct:

  • Canon 1, independence, integrity and impartiality.
  • Rule 1.1, compliance with law and the Code.
  • Canon 4, political and campaign activity.
  • Rule 4.4(A) and (B), nonjudicial elective and appointive candidacy.

Wyoming Constitution:

  • Article 5, Section 27, other offices held by supreme and district court judges.

See also

No sibling opinions yet indexed.

Source

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