Can a sitting city judge take private employment to appear before the city council seeking a zoning change for a client?

Plain-English summary

The inquiry concerned Attorney A, the duly appointed and acting city judge of the City of Z, who wished to accept private employment to appear before the city council to get the council to amend the zoning ordinance so that property then classified as "residential" would be reclassified as "business property."

The Committee concluded that it would violate Canon 6 for the city judge to accept that employment (5-4).

Currency note

This opinion was issued in 1955, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. The Texas Code of Judicial Conduct now governs the conduct of judges. 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 Treat this page as historical context, not current guidance.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 city judge be privately hired to seek a zoning change before the city council?

A: No. The Committee concluded that accepting that employment would violate Canon 6, though only by a 5-4 vote.

Q: How close was the Committee's vote?

A: It was a one-vote margin, 5-4, so four members would have permitted the employment.

Background and rules framework

The opinion interprets former Texas Canon 6, which addressed the representation of conflicting interests. The modern analog for the conflict between a public adjudicative role and private representation is ABA Model Rule 1.7 (concurrent conflicts of interest); the conduct of a sitting judge is today governed by the Texas Code of Judicial Conduct.

Citations and references

Rules of Professional Conduct:

• MR 1.7 (concurrent conflicts of interest), as the modern analog
• Texas Canon 6 (conflicting interests)

See also

• TX Ethics Op. 116: City Judge in a Law Firm
• TX Ethics Op. 125: Justice of the Peace as Advocate
• TX Ethics Op. 132: Lawyer Serving as District Attorney

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-108/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_108.pdf

Original opinion text

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

QUESTION PRESENTED

Would it violate the Canons of Ethics for Attorney A, who is the duly appointed and acting city judge of the City of Z, to accept private employment to appear before the city council in an effort to get such council to amend or change the zoning ordinance so as to classify as "business property" certain property now classified as "residential"?

18 Baylor L. Rev. 238 (1966)

CONFLICTING INTERESTS - PRIVATE PRACTICE BY JUDGES
It would be improper for a city judge to accept employment to appear before the city council in requesting amendment of zoning regulations.

Canon 6.

The committee is of the opinion that it would violate Canon 6 for the city judge to accept the above described employment. (5-4)

Tex. Comm. On Professional Ethics, Op. 108 (1955)