Opinion No. 217

QUESTION NO. 1: May a judge who is currently under suspension by the Commission on Judicial Conduct and receiving judicial pay receive compensation for services as a mediator?

ANSWER: It is the belief of the committee that since the judge is receiving judicial pay although suspended by the Judicial Commission, he is required to comply with the Code of Judicial Conduct. It is clear from Advisory Opinion 161 that a judge is prohibited from serving as a mediator.

QUESTION NO 2: If a judge cannot be paid, may he ask the parties to make a donation to the Children's Assessment Center?

ANSWER: This portion of the question is moot as a judge may not mediate. (In the interest of clarity, the committee would offer the opinion that the request of a donation to a charity is fund raising and clearly prohibited by Canon 4C(2).