APPLICABILITY OF CODE TO RETIRED JUDGE
NOT SUBJECT TO ASSIGNMENT

Opinion No. 186 (1996)


QUESTION 1: Does the Code of Judicial Conduct apply to a former judge who is now retired and has not elected to take judicial assignments?

ANSWER 1: No. Canon 6F provides that "a Senior Judge, or a former district judge, or a retired or former statutory county court judge who has consented to be subject to assignment as a judicial officer" shall comply with all provisions of the Code, with minimal exceptions. However, compliance with the Code is not required for a former judge, now defined as a "Retired Judge" by Canon 8B(14), who has not consented to be subject to assignment pursuant to Tex. Gov't. Code Ann. 75.001 (Vernon Supp. 1996).

QUESTION 2: Does the Code of Judicial Conduct prohibit a former judge who is not retired and has not elected to take judicial assignments from writing to Texas district and appellate judges requesting their contribution to a fund to be used to seek an increase in judicial pay?

ANSWER 2: No. Given the resolution to Question No. 1 above, the current Code of Judicial Conduct does not prohibit a former judge who is now retired and has not elected to take judicial assignments from writing to Texas district and appellate judges requesting their contribution to a fund to be used to seek an increase in judicial salary.