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...