Could a former judge represent a parent seeking to enforce a visitation order the lawyer entered as judge?

Plain-English summary

A former associate circuit judge, now in private practice, had issued a visitation order in a dissolution case. The beneficiary parent sought the lawyer’s help enforcing that order.

The opinion said Rule 4-1.12 prohibited the former judge from representing the parent in that matter.

Currency note

This opinion was issued in 1999, before Missouri’s 2007 revisions to the Rules of Professional Conduct. Later amendments or opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it. The official Rule 4-1.9 and 4-1.10 reference notes identify July 1, 2007 amendments.

Common questions

Q: Did the opinion permit the former judge to enforce the order for the parent?

A: No. It expressly barred the representation.

Q: What rule did the answer cite?

A: Rule 4-1.12.

Background and rules framework

The answer expressly relied on Rule 4-1.12 governing the described former-judge role.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-1.12

See also

• Missouri Informal Op. 990054: Former Prosecutor

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/990076/

• Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

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

QUESTION: Attorney is a former Associate Circuit Judge who is now in private practice. While still a judge, Attorney entered an order in a dissolution matter awarding visitation to one of the parents. This parent has now asked Attorney for representation in seeking enforcement of the visitation order. May Attorney represent this parent?

ANSWER: Under the circumstances Attorney has described, Attorney would be prohibited from representing the parent under Rule 4–1.12.