The Application section establishes when the various Rules apply to a judge or judicial candidate.
All provisions of this Code apply to judges serving full-time in a judicial capacity.
· Rule 3.4 Appointments to Governmental Positions
· Rule 3.7 Participation in Educational, Religious, Charitable, Fraternal or Civic Organizations and Activities
· Rule 3.8 Appointments to Fiduciary Positions
· Rule 3.9 Service as Arbitrator or Mediator
· Rule 3.10 Practice of Law [unless specifically prohibited by the terms of an appointment]
· Rule 3.11 Financial, Business or Remunerative Activities
· Rule 3.15 Reporting Requirements [unless the judge derives at least $15,000 of his or her annual income from the performance of judicial duties]
· Rule 4.1 Political and Campaign Activities of Judges and Judicial Candidates in General
· Rule 4.2 Political and Campaign Activities of Judicial Candidates in Public Elections
· Rule 4.3 Activities of Candidates for Appointment to Judicial Office
· Rule 4.4 Campaign Committees
· Rule 4.5 Activities of Judges Who Become Candidates for Nonjudicial Office
· Rule 2.10(A) Judicial Statements on Pending and Impending Cases [no statements that would impair fair hearing]
· Rule 2.10(B) Judicial Statements on Pending and Impending Cases [no pledges, promises, or commitments inconsistent with the impartial performance of adjudicative duties]
· Rule 3.13 Acceptance and Reporting of Gifts, Loans, Bequests, Benefits, or Other Things of Value
· Rule 1.2 Promoting Confidence in the Judiciary
· Rule 2.4 External Influences on Judicial Conduct
· Rule 2.10 Judicial Statements on Pending and Impending Cases
· Rule 3.2 Appearances Before Governmental Bodies and Consultation with Government Officials
A person to whom this Code becomes applicable shall comply immediately with its provisions except for Rule 3.8 (Appointments to Fiduciary Positions) and Rule 3.11 (Financial, Business or Remunerative Activities). These Rules shall be complied with as soon as reasonably possible. Compliance must occur within the period of one year.
Kan. R. Rel. Jud. Cond. Application
COMMENT
[1] The three categories of judicial service in other than a full-time capacity are necessarily defined in general terms because of the widely varying forms of judicial service. The determination of which category and, accordingly, which specific Code provisions apply to an individual judicial officer, depend upon the facts of the particular judicial service.
[2] When a person who has been a part-time judge is no longer a part-time judge (no longer accepts appointments) or whose service as an occasional part-time judge in a proceeding has concluded, that person may act as a lawyer in a proceeding in which he or she has served as a judge or in any other proceeding related thereto only with the express consent of all parties pursuant to Rule 1.12(a) of the Kansas Rules of Professional Conduct (KRPC 1.12 [a] [2008 Kan. Ct. R. Annot. 487 ]).
[3] If serving as a fiduciary when selected as judge, a new judge may, notwithstanding the prohibitions in Rule 3.8, continue to serve as fiduciary but only for that period of time necessary to avoid serious adverse consequences to the beneficiary of the fiduciary relationship and in no event longer than one year. Similarly, if engaged at the time of judicial selection in a business activity, a new judge may, notwithstanding the prohibitions in Rule 3.11, continue in that activity for a reasonable period but in no event longer than one year.
.