21-901

A.  Scope.

Except as provided in this rule, all judges and all candidates for judicial office shall comply with the provisions of this Code, including, but not limited to, all judges and justices and all judicial candidates of the Supreme Court, Court of Appeals, district court, magistrate court, metropolitan court, probate court and municipal court.  Any person who serves as a full-time or part-time judge is a "judge" within the meaning of this Code.

B.  Full-time magistrate and municipal judges.

A full-time magistrate or municipal court judge is not required to:

(1) comply with the provisions of Paragraph B (7)(b) of Rule 21-300 which requires notice to the parties of advice obtained by the judge from a disinterested expert on the law; or

(2) comply with the provisions of Paragraphs E of Rule 21-500.

C.  Probate and part-time magistrate and municipal judges.

A probate judge or part-time magistrate or municipal judge:

(1) is not required to:

(a) except while serving as a judge, comply with Paragraph B(10) of Rule 21-300;

(b) comply with the provisions of Paragraph C(2) of Rule 21-500 relating to appointment to other governmental positions;

(c) comply with the provisions of Paragraph B (7)(b) of Rule 21-300 which requires notice to the parties of advice obtained by the judge from a disinterested expert on the law;

(d) comply with the provisions of Paragraph D of Rule 21-500, relating to financial activities, except:

(i) the requirement of Rule 21-500(D)(1)(a) that the judge not engage in financial and business dealings that may reasonably be perceived to exploit the judge's judicial position; and

(ii) the requirement of Rule 21-500(D)(5) that the judge not accept gifts, bequests, favors or loans except as permitted by the Code of Judicial Conduct;

(e) comply with Paragraphs E through G of Rule 21-500;

(f) comply with Paragraphs A through D of Rule 21-600; or

(g) comply with the provisions of Paragraphs C and F of Rule 21-800;

(2) shall not 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, and shall not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto.

D.  Campaign Reporting Act.

The provisions of the Campaign Reporting Act shall apply to all judges who run in a primary and general election, including a judicial retention election.

E.  Time for Compliance.

A person to whom this Code becomes applicable shall comply immediately with all provisions of this Code except Subparagraphs (2) and (3) of Paragraph D and Paragraph E of Rule 21-500 and shall comply with these paragraphs as soon as reasonably possible within one year after the effective date of this Code.

[As adopted, effective February 16, 1995.]

Commentary

The two 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. For the purposes of this section, as long as a retired judge is subject to recall the judge is considered to "perform judicial functions." 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.

Time for compliance
If serving as a fiduciary when selected as judge, a new judge may, notwithstanding the prohibitions in Paragraph E of Rule 21-500, 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 Paragraph D (3) of Rule 21-500, continue in that activity for a reasonable period but in no event longer than one year.