OPINION 116
September 1955

RETIREMENT FROM JUDICIAL POSITION - PRIVATE LAW PRACTICE BY JUDGES - Where an attorney is a city judge and also a member of a law firm, it would be improper for him or another member of his firm:
1.  To represent civil litigants in a suit ancillary to criminal proceedings determined by him in his capacity as city judge.
2.  To represent defendants in a criminal action in another court where the arresting officers are city policemen,
3.  To represent Civil Service employees of the city at hearings before the Civil Service Commission of the city,
4.  To represent defendants convicted in the city court upon appeal to a higher court.

It would also be improper for the attorney to hear cases as city judge where the party involved is or has been a client of the firm.

Canon 33.  A.B.A. Judicial Canon 31.  

Questions

Attorney A is the city judge of the City of X and is a member of the law firm of B and A.  Would it violate the Canons of Ethics:

1.  For Attorney A or Attorney B to represent a party to a civil suit arising out of a transaction or occurrence the criminal responsibility for said transaction or occurrence having been determined by Attorney A in his judicial capacity as city judge?

2.  For Attorney A or Attorney B to represent defendants in a criminal actin in another court where the arresting officers are city policemen?

3.  For Attorney A or Attorney B to represent Civil Service employees of the city at hearings before the Civil Service Commission of the city?

4.  For Attorney A or attorney B to represent defendants convicted in the city court upon appeal to a higher court?

5.  For Attorney A to hear cases in the city court as city judge where the party involved, either as defendant or prosecuting witness in an automobile collision case, is or has been a client of either Attorney A or Attorney B or of the firm of B and A?

Opinion

The committee is of the opinion that al five questions should be answered in the affirmative, since the first question presents a situation which would violate Canon 33 and the situation described in all five questions would violate ABA Canon of Judicial Ethics No. 31.  (6-0)