N.D. Code Jud. Conduct Compliance with the Code of Judicial Conduct

Compliance with a written advisory letter or formal opinion issued by the Judicial Ethics Advisory Committee is evidence of good faith for consideration in any sanction decision pursuant to a disciplinary proceeding.

Anyone, whether or not a lawyer, who is an officer of a judicial system and who performs the duties of judicial office, including an officer such as a magistrate, special master or referee, or surrogate judge is a judge within the meaning of this Code. All judges shall comply with this code except as provided below.

A. Part-time Judge. A part-time judge is a judge who serves on a continuing or periodic basis, but is permitted by law to devote time to some other profession or occupation and whose compensation for that reason is less than that of a full-time judge. A part-time judge:

(1) except when using the judge's office or title, or when a candidate for judicial office, is not required to comply with Rules 3.4; 3.8; 3.9; 3.10; 3.11; 3.15; 4.2(A)(1)(a) - (h); 4.3(B); and 4.5(A);

(2) may not practice law in the court on which the part-time judge serves or in any court subject to the appellate jurisdiction of the court on which the part-time judge serves, or act as a lawyer in a proceeding in which the part-time judge has served as a judge or in any other proceeding related thereto.

COMMENT

The "court on which the part-time judge serves" refers only to the particular municipal court in the jurisdiction in which the part-time judge presides and exercises judicial authority. A part-time judge is not barred from practicing law in all courts of similar character in other jurisdictions. Thus, a part-time municipal judge may practice law in any municipal court in the state in which the part-time judge does not have the authority and jurisdiction of a municipal judge.

B. Judge Pro Tempore. A judge pro tempore is a person who is appointed to act temporarily as a judge.

(1) While acting as such, a judge pro tempore is not required to comply with Rules 3.4; 3.8; 3.9; 3.10; 3.11; 3.15; 4.2(A)(1)(a) - (h); 4.3(B); and 4.5(A).

(2) A person who has been a judge pro tempore shall not act as a lawyer in a proceeding in which the person has served as a judge or in any other proceeding related thereto.

C. Retired Judge. A retired judge who is eligible for recall to judicial service under a statute or rule shall comply with the provisions of these canons governing part-time judges.