Continuing Part-Time Judges

As amended through January 31, 2024

A judge who serves repeatedly on a part-time basis by election or under a continuing appointment, such as a mental hygiene commissioner,

(A) is not required to comply

(1) except while serving as a judge, with Rules 2.10 and 4.1(A); and

(2) at any time with Rules 3.8(A), 3.9, 3.10, 3.11(B), 3.12, and 3.15.

(B) may practice law in the court on which the judge serves or in any court subject to the appellate jurisdiction of the court on which the judge serves, but shall not act as a lawyer in a proceeding in which the judge has served as a judge in any other proceeding related thereto, or in any matter involving the same subject-matter jurisdiction.

COMMENT

[1] A part-time Mental Hygiene Commissioner shall not represent a person in any mental hygiene matters or serve as an attorney in any proceeding related to a case in which he or she has served as a Mental Hygiene Commissioner. A Juvenile Referee may not represent a person in any juvenile matter or serve as an attorney in any proceeding related to a case in which he or she has served as a Juvenile Referee.

[2] When a person who has been a continuing part-time judge is no longer a continuing part-time judge, including a retired judge no longer subject to recall, that person may not act as a lawyer in a proceeding in which he or she has served as a judge.