Opinion No. 33 (1978)*

QUESTION: After August 31, 1978, active judges subject to the provisions of the Code of Judicial Conduct may not serve as officers or directors of a publicly owned business, defined in Canon 5C(2) as one having "more than ten owners." Does a retired judge violate any of the canons of the Code of Judicial Conduct by serving as an officer or director of such a publicly owned business after August 31, 1978?

ANSWER: No. Although there are two types of retired judges mentioned in subdivision D of the Compliance Section of the Code (those eligible for recall to judicial service and those who are not eligible for recall), both classes of retired judges are exempt from the provisions of Canon 5C(2) of the Code.


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