1976, March, Pg. 404. ETHICS.

5 Colo.Law. 404

Colorado Lawyer

1976.

1976, March, Pg. 404.

ETHICS

404ETHICSRevised Opinion No. 45

Adopted December 13, 1975

SyllabusIt is improper for a lawyer who is employed part-time as a judge to represent a person:

(a) with respect to any matter which has or may come before the lawyer in his capacity as a judge;

(b) who is accused of violating a municipal ordinance or a state criminal statute;

(c) with respect to any matter which has derived from or was incident to a matter which has or may come before the lawyer in his capacity as a judge; or

(d) on a retainer or other basis when that person is a party to any matter which is or appears likely to come before the lawyer in his capacity as a judge.

It is improper for a lawyer whose partner, associate, employee or co-shareholder in the practice of law is employed part-time as a judge to accept or continue employment which would be improper for the part-time judge to accept or continue, except that the part-time judge's partner, associate, employee or co-shareholder may represent persons accused of violating a municipal ordinance or a state criminal statute in judicial districts other than the one in which the part-time judge serves.

Facts

C.R.S. 1973, § 12-5-110, provides that "county judges in counties of such classes as may be specified by laws relating to county courts, if licensed attorneys, may practice in courts higher than their own, in any case which has not been before the county court;..."

C.R.S. 1973, § 13-6-204, which pertains to county courts, provides that "(1) counties of class C and D, county judges, if admitted to the bar, may engage in the private practice of law in courts other than the county court and in matters which have not and will not come before the county court, and may serve as municipal judges." Similar provision is made for the practice of law by certain associate and assistant county judges and municipal judges. (C.R.S. 1973, §§ 13-6-208 and 13-10-106.) See Sanders v. District Court in and for the County of Montrose, 166 Colo. 455, 444 P.2d 645 (1968).

Pursuant to these provisions, lawyers have been appointed as part-time county and municipal judges in several Colorado counties and municipalities. Many such lawyers, prior to their appointment as part-time judges, were partners or associates of other lawyers in the practice of law, and they have continued these affiliations subsequent to their judicial appointments. The dual relationship of practicing lawyer and judge and the continuation of partnership, associate or other affiliations with lawyers in the practice of law have raised the following ethical questions concerning client relationships for the

405lawyer-judge and his partners, associates, employees and co-shareholders:

1. May a lawyer who is employed as a part-time judge represent persons with respect to matters which have or may come before him in his capacity as a judge?

2. May a lawyer who is employed as a part-time judge represent persons accused of violating municipal ordinances or state statutes?

3. May a lawyer who is employed part-time as a judge represent persons in civil or administrative matters which derive from or are incident to matters which have or may come before him in his capacity as a judge?

4. May a lawyer who is employed part-time as a judge accept or continue any employment by persons who are parties to matters which are or appear likely to come before him in his capacity as a judge?

5. May partners, associates, employees or co-shareholders in the practice of law of a lawyer who is employed as a part-time judge accept or continue employment by persons in any of the situations covered by Questions 1 through 4 above?

Opinion

It is the opinion of the Committee that with the exception of the last of the foregoing questions, the answer to each question must be...