123118 SCJEO, JUD 1-2019

Case DateDecember 31, 2018
CourtSouth Carolina
JUD 1-2019
Opinion No. 1-2019
South Carolina Judicial Ethics Opinion
Advisory Committee on Standards of Judicial Conduct
December 31, 2018
         RE: Propriety of a part-time probate judge continuing his or her practice of law.           LETITIA H. VERDIN, CHAIR.          FACTS          The probate judge for a county is considering hiring a part-time probate judge. The inquiring judge seeks an opinion as to whether the person selected as part-time judge can continue his or her practice of law in probate, circuit and/or appellate courts, and if so, what limitations apply.          CONCLUSION          A part-time probate judge can continue his or her practice of law, provided that the judge complies with the limitations set forth in the Code of Judicial Conduct.          OPINION          A continuing part-time judge is not required to comply with Canon 4G that prohibits a judge from practicing law. Rule 501, Application C(1)(b), SCACR. A part-time judge may practice law, subject to several limitations under the Code of Judicial Conduct. “A continuing part-time judge 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.” Rule 501, Application C(2), SCACR. 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.          In a previous decision, Op. 6-2013, we considered whether a part-time probate judge could continue practicing probate law. We concluded that a part-time probate judge could continue to practice probate law, provided that he or she not do so in the County in which he or she would also preside as probate judge. However, the inquiring judge here has also presented the question of whether a part-time probate judge may practice in circuit and/or appellate courts, which was not addressed by Op...

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