RETIRED JUDGE: EXTRA-JUDICIAL SERVICE

Opinion No. 32 (1978)*


QUESTION: There being two types of retired judges mentioned in subdivision D of the Compliance Section of the Code of Judicial Conduct (those eligible for recall to judicial service and those not eligible), what difference, if any, is there in the applicability of the exemptions mentioned in the subdivision to the two classes of retired judges?

ANSWER: A retired judge eligible for recall to judicial service must, in the language of subdivision D of the Compliance Section, "refrain from judicial service during the period of an extra-judicial appointment not sanctioned by Canon 5G." There is no such restraint upon a retired judge not eligible for recall to judicial service. Otherwise, there is no difference in the applicability of the exemption provisions to the two classes of retired judges mentioned in the Compliance Section.

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