020222 SCJEO, JUD 2-2022

• Case Date: February 02, 2022
• Court: South Carolina

JUD 2-2022 OPINION No. 2-2022 South Carolina Judicial Ethics Opinion Advisory Committee On Standards Of Judicial Conduct February 2, 2022          RE: The propriety of a part-time municipal judge, who also engages in the practice of law, to represent a municipal employee in an employment case against an entity located outside of the municipality.          FACTS          A part-time municipal judge also practices law, as permitted by the Code of Judicial Conduct. The judge inquires into the propriety of representing another municipal employee in a employment matter/lawsuit against an entity located outside of the municipality that previously employed the employee.          CONCLUSION          A part-time municipal judge, who also engages in the practice of law, may represent a municipal employee in an employment case against an entity located outside of the municipality.          OPINION          A part-time judge is a judge within the meaning of the Code of Judicial Conduct, and compliance with the Code is required unless specifically excepted. Application Section E. A continuing part-time judge is not required to comply with Canon 4(G) that prohibits a judge from practicing law. Rule 501, Application C(1)(b), SCACR. A part-time judge can practice law so long as he or she conforms with the provisions of the Code of Judicial Conduct as applied to part-time judges.          In a previous opinion, we addressed whether a part-time municipal judge could represent city employees in worker's compensation claims against the City and determined it would be improper. Op. No. 15-2002. In that opinion, we noted that Canon 2 mandates that judges avoid the appearance of impropriety in their activities and conduct themselves "in a manner that promotes public confidence in the integrity and impartiality of the judiciary." Rule 501, SCACR. We determined that because a municipal judge is...