QUESTION: What criteria determines whether a judge is a part-time judge under the provisions of Compliance Section, paragraph B, Code of Judicial Conduct (Feb. 18, 1977)?

ANSWER: Essentially, the determination of whether a judge is a "part-time judge," as defined in the cited paragraph of the Code, is a factual determination and must be made upon a case by case basis. Without intending to lay down any hard and fast rules governing every situation, the Committee is of the opinion that one would be considered a part-time judge if two conditions are met:
1. The statute creating the court does not specifically prohibit the judge thereof from devoting time to some other profession or occupation; and,
2. The agency making the appointment of the judge to such court (ordinarily the commissioners court), at or about the time of the appointment, acknowledges that the compensation of such judge is less than that of a full-time judge.

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*Canon 8, Compliance, was amended effective December 16, 1987.