Could a Minnesota part-time judge practice law in the court where the judge served?
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This page answers the general question as of 1972. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The opinion addressed whether a part-time judge could practice law in the same court on which the judge sat. It concluded that doing so was improper. The prohibition reached not only the part-time judge but also the judge's partners or associates.
The opinion extended the prohibition beyond the judge's own court to any court of record subject to the appellate jurisdiction of the court on which the part-time judge served.
Currency note
The Board flagged this opinion as Repealed effective October 25, 2002; it is retained here for historical research only.
This opinion was issued in 1972, before the Minnesota Supreme Court's adoption of the 2005 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Could a part-time judge practice law in the court where the judge served?
A: No. The opinion concluded it was improper for a part-time judge to practice law in the court on which the judge served.
Q: Did the restriction apply to the judge's law partners and associates?
A: Yes. The opinion stated the prohibition reached the part-time judge "or his partners or associates."
Q: Did the restriction reach courts other than the judge's own court?
A: Yes. The opinion extended it to any court of record subject to the appellate jurisdiction of the court on which the part-time judge served.
Background and rules framework
The opinion was adopted in 1972, before Minnesota adopted its Rules of Professional Conduct (1985), and applied the professional-conduct standards then in force. It addressed the conflict and appearance concerns raised when a lawyer who sits as a part-time judge, or that lawyer's firm, also practices before the same court. The opinion did not cite a numbered rule.
Citations and references
Rules of Professional Conduct:
- The opinion predates Minnesota's numbered Rules of Professional Conduct and cites no rule by number.
See also
- Alabama Ethics Op. 2008-02: Imputed Disqualification, Part-Time Judges
- Alabama Ethics Op. 1999-03: Law Partners of a Substitute Municipal Judge
- Alabama Ethics Op. 1984-190: Lawyer Who Serves as Municipal Judge
Source
- Landing page: https://lprb.mncourts.gov/lawyers-professional-responsibility-board-opinions/
- Original PDF: https://lprb.mncourts.gov/wp-content/uploads/2024/10/Opinion-3_compressed.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
LAWYERS PROFESSIONAL RESPONSIBILITY BOARD
Repealed: October 25, 2002
OPINION NO. 3
PRACTICE OF LAW BY PART-TIME JUDGES
It is improper for a part-time judge, or his partners or associates, to practice law in the court on which
the part-time judge serves, or in any court of record subject to the appellate jurisdiction of the court on
which the part-time judge serves.
Adopted: November 20. 1972.
Repealed: October 25, 2002.
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