Application of the Code of Judicial Conduct
Commentary. -- A senior judge -- a retired justice or judge who is eligible for judicial service under Administrative Rule 23 -- must comply with all provisions of the Code except those listed. Thus, a senior judge may engage in financial and business dealings with any person and has no duty to manage investments and business and financial interests to minimize the number of cases in which the judge is disqualified. A senior judge may serve as a personal representative, trustee, guardian, or other fiduciary for persons other than family members. Although senior judges may not engage in the practice of law, they may serve as private arbitrators or mediators and may maintain private arbitration and mediation businesses, even during periods of pro tem service. However, in order to be eligible for judicial service, a judge who performs private arbitration or mediation must comply with the disclosure requirements and employment restrictions set out in Administrative Rule 23(e).
Senior judges may publicly speak regarding the qualifications of judges facing active opposition. This limited exception to Canon 5A(1)(b) preserves the general insulation of judges from political pressures while allowing for an informed public debate on the qualifications of a judge up for retention.
A senior judge may serve on a government committee or commission or hold a government position except during periods of pro tem service.
Despite the relaxation of restrictions on senior judges' financial dealings, they remain subject to the disqualification provisions of Section 3E.
The special confidentiality obligations when serving as a member of a judicial assistance committee are narrowly tailored to provide for candid reporting to the judicial assistance committee.
Commentary. -- AS 22.15.210(b) guarantees magistrates a conditional right to seek and hold any other office or position of profit under the United States, this State, or its political subdivisions, and to engage in the conduct of any profession or business that does not interfere with the performance of judicial duties or necessitate repeated disqualifications. Because of this statute, part-time magistrates are exempt from the restrictions on holding non-judicial public office. They are also permitted to engage in political activity necessary to secure and perform the duties of non-judicial public office. Note, however, that political activity by court system employees is also limited by Personnel Rule PX9.O. Under this rule, a court system employee forfeits his or her position upon becoming a candidate for state or national elective political office, other than the office of delegate to a state or federal constitutional convention.
The Code exempts part-time magistrates from two restrictions on business activity, the duty to avoid financial and business dealings with persons likely to come before the magistrate's court, and the duty to avoid business activity that has a major effect on the economic life of the community. In a small community, it may be difficult for a magistrate to avoid business dealings with persons likely to come before the magistrate's court, and even a moderately-sized business venture may have a major effect on the community's economic life. Thus, these restrictions could make it impossible for a part-time magistrate to carry on outside business activity in order to supplement his or her part-time judicial salary. Part-time magistrates remain subject to Section 4D(4), which requires that they manage their financial dealings to minimize the number of cases in which they are disqualified. They also remain subject to the disqualification provisions of Section 3E. They are also subject to Personnel Rule PX5.04, which regulates outside employment by court system employees.
A part-time magistrate may serve as a fiduciary for persons other than family members, subject to Sections 4E(2) and 4E(3). A part-time magistrate who is an attorney may practice law, subject to Administrative Rule 2(d), which prohibits court system employees from engaging, directly or indirectly, in the practice of law in any of the courts of this state.
Commentary. -- If serving as a fiduciary when selected as a judge, a new judge may, notwithstanding the prohibitions in Section 4E, continue to serve as fiduciary but only for that period of time necessary to avoid serious adverse consequences to the beneficiary of the fiduciary relationship and in no event longer than one year. Similarly, if engaged at the time of judicial selection in a business activity that is not permitted by Section 4D(3), a new judge may, notwithstanding the prohibitions in Section 4D(3), continue in that activity for a reasonable period but in no event longer than one year.