110719 SCJEO, JUD 15-2019

Case DateNovember 07, 2019
CourtSouth Carolina
JUD 15-2019
Opinion No. 15-2019
South Carolina Judicial Ethics Opinion
Advisory Committee on Standards of Judicial Conduct
November 7, 2019
          LETITIA H. VERDIN, CHAIR.          RE: Propriety of a full-time magistrate also being employed as a motivational speaker.          FACTS          A full-time magistrate judge inquires into the propriety of operating a motivational speaking business and serving as an independent motivational speaker. The speaking engagements would not conflict with the judge’s judicial duties because the magistrates in that county work on 12 hour rotations, with two days on and two days off. Any speaking engagements would be set for the judge’s off-duty days. The speeches would consist of personal stories leading up to the judge’s practice as an attorney-- i.e., childhood, upbringing, family, law school. The judge intends to steer away from discussing the judge’s present employment as a magistrate.          CONCLUSION          A full-time magistrate should not also be engaged in business as a motivational speaker.          OPINION          The Code of Judicial Conduct does not prohibit employment by a full-time magistrate, other than the prohibitions on the practice of law and service as a mediator.[1] Furthermore, we have previously addressed whether a full-time magistrate can be employed in other business capacities and found that, provided that the other employment does not require significant time away from judicial duties or otherwise violate the Code, such employment is permitted. See, e.g., Op. No. 13-2005 (full-time magistrate may be employed by retail pharmacy); 9-2014...

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