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IS YOUR JUDGE FOLLOWING THEIR ETHICAL RULES ?

 

 

http://www.supreme.state.az.us/rules/

 

http://azrules.westgroup.com/home/azrules/default.wl

 

VI. JUDICIAL ETHICS

AZ ST S CT RULE 81 CJC R. 81, References and Annotations
Rule 81. Arizona Code of Judicial Conduct
PREAMBLE
TERMINOLOGY
Canon 1. A Judge Shall Uphold the Integrity and Independence of the Judiciary
Canon 2. A Judge Shall Avoid Impropriety and the Appearance of Impropriety in All of
the Judge's Activities
Canon 3. A Judge Shall Perform the Duties of Judicial Office Impartially and Diligently
Canon 4. A Judge Shall So Conduct the Judge's Extra-Judicial Activities as to Minimize the
Risk of Conflict With Judicial Obligations
Canon 5. A Judge or Judicial Candidate Shall Refrain From Inappropriate Political
Activity
APPLICATION OF THE CODE OF JUDICIAL

 

RULES OF THE SUPREME COURT OF ARIZONA
                           VI. JUDICIAL ETHICS
                    RULE 81. CODE OF JUDICIAL CONDUCT
                 Copr. West Group 2002. All rights reserved.
              Current with amendments received through 03/01/02

 

                             TERMINOLOGY

 

The following terms have specific meanings within the context of this code. The sections
where the terms appear are referred to after the explanation of each term below.
"Appropriate authority" denotes the authority with responsibility for initiation of
disciplinary process with respect to the violation to be reported. See 3D(1) and 3D(2).
"Candidate." A candidate is a person seeking selection for or retention in judicial office by
election or appointment. A person becomes a candidate for judicial office as soon as he or
she makes a public announcement of candidacy, authorizes circulation of a nominating
petition, declares or files as a candidate with the election or appointment authority, or
authorizes solicitation or acceptance of contributions or support. The term "candidate"
has the same meaning when applied to a judge seeking election or appointment to
non-judicial office. See Preamble and 5A, 5B, and 5C.
"Court personnel" does not include the lawyers in a proceeding before a judge. See
3B(7)(c) and 3B(9).
"Financial interest" means ownership of a legal or equitable interest of substance or a
relationship as officer, director, advisor or other active participant in the affairs of a
party, except that:
(i) ownership of an interest in a mutual or common investment fund that holds securities
is not a financial interest in such securities unless the judge participates in the
management of the fund or a proceeding pending or impending before the judge could
substantially affect the value of the interest;
(ii) service by a judge as an officer, director, advisor or other active participant in an
educational, religious, charitable, fraternal or civic organization, or service by a judge's
spouse, parent or child as an officer, director, advisor or other active participant in any
organization does not create a financial interest in securities held by that organization;
(iii) a deposit in a financial institution, the proprietary interest of a policy holder in a
mutual insurance company, of a depositor in a mutual savings association or of a member
in a credit union, or a similar proprietary interest, is not a financial interest in the
organization unless a proceeding pending or impending before the judge could
substantially affect the value of the interest;
(iv) ownership of government securities is not a financial interest in the issuer unless a
proceeding pending or impending before the judge could substantially affect the value of
the securities.
See 3E(1)(c) and 3E(2) and definition of "interest of substance."
"Fiduciary" includes such relationships as executor, administrator, trustee, guardian,
personal representative, and conservator. See 3E(2) and 4E.
"Interest of substance" denotes any financial interest in a closely held corporation or
business and, in the case of a publicly held corporation, denotes a legal or equitable
interest, the value of which is likely to be increased or decreased to any material extent by
the outcome of the litigation. See definition of "financial interest."
"Knowingly," "knowledge," "known" or "knows" denotes actual knowledge of the fact in
question. A person's knowledge may be inferred from circumstances. See 3D, 3E(1), and
5A(3).
"Law" denotes court rules as well as statutes, constitutional provisions and decisional law.
See 2A, 3A, 3B(2), 3B(6), 4B, 4C, 4D(5), 4F, 4I, 5A(4), and 5B(2).
"Member of the candidate's family" denotes a spouse, child, grandchild, parent,
grandparent or other relative or person with whom the candidate maintains a close
familial relationship including any person residing in the candidate's household. See
5B(1)(a).
"Member of the judge's family" denotes a spouse, child, grandchild, parent, grandparent,
or other relative or person with whom the judge maintains a close familial relationship
including any person residing in the judge's household. See 3E(1)(c), 4D(3), 4D(5), 4E
and 4G.
"Nonpublic information" denotes information that, by law, is not available to the public.
Nonpublic information may include but is not limited to: information that is sealed by
statute or court order, impounded or communicated in camera; and information offered
in grand jury proceedings, presentencing reports, dependency cases or psychiatric
reports. See 3B(11).
"Political organization" denotes a political party or other group, the principal purpose of
which is to further the election or appointment of candidates to political office. See
5A(1).
"Public election." This term includes primary and general elections; it includes partisan
elections, nonpartisan elections and retention elections. See 5B.
"Require." The rules prescribing that a judge "require" certain conduct of others are, like all
of the rules in this code, rules of reason. The use of the term "require" in that context
means a judge is to exercise reasonable direction and control over the conduct of those
persons subject to the judge's direction and control. See 3B(3), 3B(4), 3B(5), 3B(6),
3B(9) and 3C(2).
"Third degree of relationship." The following persons are relatives within the third degree
of relationship: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, child,
grandchild, great-grandchild, nephew or niece. See 3E(1)(d).
17A A. R. S. Sup. Ct. Rules, Rule 81, Code of Jud. Conduct, Terminology
AZ ST S CT RULE 81 CJC Terminology

 

Canon 1. A Judge Shall Uphold the Integrity and Independence of the Judiciary

 

A. [FN1] An independent and honorable judiciary is indispensable to justice in our
society. A judge should participate in establishing, maintaining and enforcing high
standards of conduct, and shall personally observe those standards so that the integrity
and independence of the judiciary will be preserved. The provisions of this code are to be
construed and applied to further that objective.

 

Canon 2. A Judge Shall Avoid Impropriety and the Appearance of Impropriety in All of
the Judge's Activities

 

A. A judge shall respect and comply with the law and shall act at all times in a manner that
promotes public confidence in the integrity and impartiality of the judiciary.
B. A judge shall not allow family, social, political or other relationships to influence the
judge's judicial conduct or judgment. A judge shall not lend the prestige of judicial office to
advance the private interests of the judge or others; nor shall a judge convey or permit
others to convey the impression that they are in a special position to influence the judge.
A judge shall not testify voluntarily as a character witness.
C. A judge shall not hold membership in any organization that practices invidious
discrimination on the basis of race, sex, religion or national origin.

 

Canon 3. A Judge Shall Perform the Duties of Judicial Office Impartially and Diligently

 

A. Judicial Duties in General. The judicial duties of a judge take precedence over all the
judge's other activities. The judge's judicial duties include all the duties of the judge's office
prescribed by law. In the performance of these duties, the following standards apply.
B. Adjudicative Responsibilities.
(1) A judge shall hear and decide matters assigned to the judge except those in which
disqualification is required.
(2) A judge shall be faithful to the law and maintain professional competence in it. A judge
shall not be swayed by partisan interests, public clamor or fear of criticism.
(3) A judge shall require order and decorum in proceedings before the judge.
(4) A judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers
and others with whom the judge deals in an official capacity, and shall require similar
conduct of lawyers, and of staff, court officials and others subject to the judge's direction
and control.
(5) A judge shall perform judicial duties without bias or prejudice. A judge shall not, in the
performance of judicial duties, by words or conduct manifest bias or prejudice, including
but not limited to bias or prejudice based upon race, sex, religion, national origin,
disability, age, sexual orientation or socioeconomic status, and shall not permit staff,
court officials and others subject to the judge's direction and control to do so.
(6) A judge shall require lawyers in proceedings before the judge to refrain from
manifesting, by words or conduct, bias or prejudice based upon race, sex, religion,
national origin, disability, age, sexual orientation or socioeconomic status, against
parties, witnesses, counsel or others. This 3B(6) does not preclude legitimate advocacy
when race, sex, religion, national origin, disability, age, sexual orientation or
socioeconomic status, or other similar factors, are issues in the proceeding.
(7) A judge shall accord to every person who has a legal interest in a proceeding, or that
person's lawyer, the right to be heard according to law. A judge shall not initiate, permit,
or consider ex parte communications, or consider other communications made to the
judge outside the presence of the parties concerning a pending or impending proceeding
except that:
(a) Where circumstances require, ex parte communications for scheduling, administrative
purposes or emergencies that do not deal with substantive matters or issues on the merits
are authorized; provided:
(i) the judge reasonably believes that no party will gain a procedural or tactical advantage
as a result of the ex parte communication, and
(ii) the judge makes provision promptly to notify all other parties of the substance of the
ex parte communication and allows an opportunity to respond.
(b) A judge may obtain the advice of a disinterested expert on the law applicable to a
proceeding.
(c) A judge may consult with court personnel whose function is to aid the judge in carrying
out the judge's adjudicative responsibilities or with other judges.
(d) A judge may, with the consent of the parties, confer separately with the parties and
their lawyers in an effort to mediate or settle matters pending before the judge.
(e) A judge may initiate or consider any ex parte communications when expressly
authorized by law to do so.
(8) A judge shall dispose of all judicial matters promptly, efficiently and fairly.
(9) A judge shall not, while a proceeding is pending or impending in any court, make any
public comment that might reasonably be expected to affect its outcome or impair its
fairness or make any nonpublic comment that might substantially interfere with a fair trial
or hearing. The judge shall require similar abstention on the part of court personnel
subject to the judge's direction and control. This section does not prohibit judges from
making public statements in the course of their official duties or from explaining for public
information the procedures of the court. This section does not apply to proceedings in
which the judge is a litigant in a personal capacity.
(10) A judge shall not commend or criticize jurors for their verdict other than in a court
order or opinion in a proceeding, but may express appreciation to jurors for their service
to the judicial system and the community.
(11) A judge shall not disclose or use, for any purpose unrelated to judicial duties,
nonpublic information acquired in a judicial capacity.
(12) A judge shall participate actively in judicial education programs and shall complete
mandatory judicial education requirements.
C. Administrative Responsibilities.
(1) A judge shall diligently discharge the judge's administrative responsibilities without
bias or prejudice and maintain professional competence in judicial administration, and
should cooperate with other judges and court officials in the administration of court
business.
(2) A judge shall require staff, court officials and others subject to the judge's direction and
control to observe the standards of fidelity and diligence that apply to the judge and to
refrain from manifesting bias or prejudice in the performance of their official duties.
(3) A judge with supervisory responsibility for the judicial performance of other judges
shall take reasonable measures to assure the prompt disposition of matters before them
and the proper performance of their other judicial responsibilities.
(4) A judge shall not make unnecessary appointments. A judge shall exercise the power of
appointment impartially and on the basis of merit. A judge shall avoid nepotism and
favoritism. A judge shall not approve compensation of appointees beyond the fair value of
services rendered.
(5) A judge shall require staff, court officials and others subject to the judge's direction and
control to comply with the provisions of the code of conduct adopted for judicial
employees by the supreme court.
D. Disciplinary Responsibilities.
(1) A judge who has knowledge or who receives reliable information that another judge
has committed a violation of this code shall take or initiate appropriate action. A judge
who has knowledge or who receives reliable information that another judge has
committed a violation of this code that raises a substantial question as to the judge's
honesty, trustworthiness or fitness as a judge in other respects shall inform the
appropriate authority.
(2) A judge who receives information indicating a substantial likelihood that a lawyer has
committed a violation of the Rules of Professional Conduct should take appropriate
action. A judge having knowledge that a lawyer has committed a violation of the Rules of
Professional Conduct that raises a substantial question as to the lawyer's honesty,
trustworthiness or fitness as a lawyer in other respects shall inform the appropriate
authority.
(3) Acts of a judge, in the discharge of disciplinary responsibilities, required or permitted
by 3D(1) and 3D(2) are part of a judge's judicial duties and shall be absolutely
privileged, and no civil action predicated thereon may be instituted against the judge.
E. Disqualification.
(1) A judge shall disqualify himself or herself in a proceeding in which the judge's
impartiality might reasonably be questioned, including but not limited to instances where:
(a) the judge has a personal bias or prejudice concerning a party or a party's lawyer, or
personal knowledge of disputed evidentiary facts concerning the proceeding;
(b) the judge served as a lawyer in the matter in controversy, or a lawyer with whom the
judge practiced law within the preceding seven (7) years served during such association
as a lawyer concerning the matter, or the judge has been a material witness concerning it;
(c) the judge knows that he or she, individually or as a fiduciary, or the judge's spouse,
parent or child wherever residing, or any other member of the judge's family residing in
the judge's household, has a financial interest in the subject matter in controversy or in a
party to the proceeding or any other interest that could be substantially affected by the
proceeding;
(d) the judge or the judge's spouse, or a person within the third degree of relationship to
either of them, or the spouse of such a person:
(i) is a party to the proceeding, or an officer, director or trustee of a party;
(ii) is acting as a lawyer in the proceeding;
(iii) is known by the judge to have an interest that could be substantially affected by the
proceeding;
(iv) is to the judge's knowledge likely to be a material witness in the proceeding.
(2) A judge shall keep informed about the judge's personal and fiduciary financial
interests, and make a reasonable effort to keep informed about the personal financial
interests of the judge's spouse and minor children residing in the judge's household.
F. Remittal of Disqualification. A judge disqualified by the terms of 3E may, instead of
withdrawing from the proceeding, disclose on the record the basis of the disqualification.
If the parties and their lawyers after such disclosure and an opportunity to confer outside
of the presence of the judge, all agree in writing or on the record that the judge should not
be disqualified, and the judge is then willing to participate, the judge may participate in
the proceedings. The agreement should be incorporated in the record of the proceeding.

 

Canon 4. A Judge Shall So Conduct the Judge's Extra-Judicial Activities as to Minimize the
Risk of Conflict With Judicial Obligations

 

A. Extra-Judicial Activities in General. A judge shall conduct all of the judge's
extra-judicial activities so that they do not:
(1) cast reasonable doubt on the judge's capacity to act impartially as a judge;
(2) demean the judicial office; or
(3) interfere with the proper performance of judicial duties.
B. Avocational Activities. A judge may speak, write, lecture, teach and participate in other
extra-judicial activities concerning the law, the legal system, the administration of justice
and non-legal subjects, subject to the requirements of this code.
C. Governmental, Civic or Charitable Activities.
(1) A judge shall not appear at a public hearing before, or otherwise consult with, an
executive or legislative body or official except on matters concerning the law, the legal
system or the administration of justice or except when acting pro se in a matter involving
the judge or the judge's interests.
(2) A judge shall not accept appointment to a governmental committee or commission or
other governmental position that is concerned with issues of fact or policy on matters
other than the improvement of the law, the legal system or the administration of justice. A
judge may, however, represent a country, state or locality on ceremonial occasions or in
connection with historical, educational or cultural activities.
(3) A judge may serve as a member, officer, or director of an organization or
governmental agency devoted to the improvement of the law, the legal system, or the
administration of justice. A judge may assist such an organization in raising funds and may
participate in their management and investment, but should not personally participate in
public fund-raising activities. A judge may make recommendations to public and private
fund-granting agencies on projects and programs concerning the law, the legal system,
and the administration of justice.
(4) A judge may participate in civic and charitable activities that do not reflect adversely
upon the judge's impartiality or interfere with the performance of the judge's judicial
duties. A judge may serve as an officer, director, trustee, or non-legal advisor of an
educational, religious, charitable, fraternal, or civic organization not conducted for the
economic or political advantage of its members, subject to the following limitations:
(a) A judge should not serve if it is likely that the organization will be engaged in
proceedings that would ordinarily come before the judge or will be regularly engaged in
adversary proceedings in any court.
(b) A judge should not solicit funds for any educational, religious, charitable, fraternal, or
civic organization, or use or permit the use of the prestige of office for that purpose, but a
judge may be listed as an officer, director, or trustee of such an organization, so long as
the listing is not used for fund-raising purposes. A judge should not be a speaker or the
guest of honor at an organization's fund-raising events, but may attend such events.
(c) A judge should not give investment advice to such an organization, but a judge may
serve on its board of directors or trustees even though it has the responsibility for
approving investment decisions.
D. Financial Activities.
(1) A judge shall not engage in financial and business dealings that:
(a) may reasonably be perceived to exploit the judge's judicial position, or
(b) involve the judge in frequent transactions or continuing business relationships with
those lawyers or other persons likely to come before the court on which the judge serves.
(2) A judge may, subject to the requirements of this code, hold and manage investments of
the judge and members of the judge's family, including real estate, and engage in other
remunerative activity.
(3) A judge shall not serve as an officer, director, manager, general partner, advisor or
employee of any business entity except that a judge may, subject to the requirements of
this code, manage and participate in:
(a) a business closely held by the judge or members of the judge's family, or
(b) a business entity primarily engaged in investment of the financial resources of the
judge or members of the judge's family.
(4) A judge shall manage the judge's investments and other financial interests to minimize
the number of cases in which the judge is disqualified. As soon as the judge can do so
without serious financial detriment, the judge shall divest himself or herself of
investments and other financial interests that might require frequent disqualification.
(5) A judge shall not accept, and shall urge members of the judge's family residing in the
judge's household not to accept, a gift, bequest, favor or loan from anyone except for:
(a) a gift incident to a public testimonial, books, tapes and other resource materials
supplied by publishers on a complimentary basis for official use, or an invitation to the
judge and the judge's spouse or guest to attend a bar-related function or an activity
devoted to the improvement of the law, the legal system or the administration of justice;
(b) a gift, award or benefit incident to the business, profession or other separate activity of
a spouse or other family member of a judge residing in the judge's household, including
gifts, awards and benefits for the use of both the spouse or other family member and the
judge (as spouse or family member), provided the gift, award or benefit could not
reasonably be perceived as intended to influence the judge in the performance of judicial
duties;
(c) ordinary social hospitality;
(d) a gift from a relative or friend, for a special occasion, such as a wedding, anniversary or
birthday, if the gift is fairly commensurate with the occasion and the relationship;
(e) a gift, bequest, favor or loan from a relative or close personal friend whose appearance
or interest in a case would in any event require disqualification under 3E;
(f) a loan from a lending institution in its regular course of business on the same terms
generally available to persons who are not judges;
(g) a scholarship or fellowship awarded on the same terms and based on the same criteria
applied to other applicants; or
(h) any other gift, bequest, favor or loan, only if: the donor is not a party or other person
who has come or is likely to come or whose interests have come or are likely to come
before the judge; and, if its value exceeds the statutory minimum for financial disclosure,
the judge reports it in the same manner as the judge reports compensation in 4H.
E. Fiduciary Activities.
(1) A judge shall not serve as executor, administrator or other personal representative,
trustee, guardian, attorney in fact or other fiduciary, except for the estate, trust or person
of a member of the judge's family and then only if such service will not interfere with the
proper performance of judicial duties.
(2) A judge shall not serve as a fiduciary if it is likely that the judge as a fiduciary will be
engaged in proceedings that would ordinarily come before the judge, or if the estate, trust
or ward becomes involved in adversary proceedings in the court on which the judge
serves or one under its appellate jurisdiction.
(3) The same restrictions on financial activities that apply to a judge personally also apply
to the judge while acting in a fiduciary capacity.
F. Service as Arbitrator or Mediator. A judge shall not act as an arbitrator or mediator or
otherwise perform judicial functions in a private capacity unless expressly authorized by
law.
G. Practice of Law. A judge shall not practice law. Notwithstanding this prohibition, a
judge may act pro se and may, without compensation, give legal advice to and draft or
review documents for a member of the judge's family.
H. Compensation, Reimbursement and Reporting.
(1) Compensation and Reimbursement. A judge may receive compensation and
reimbursement of expenses for the extra-judicial activities permitted by this code, if the
source of such payments does not give the appearance of influencing the judge's
performance of judicial duties or otherwise give the appearance of impropriety.
(a) Compensation shall not exceed a reasonable amount nor shall it exceed what a person
who is not a judge would receive for the same activity.
(b) Expense reimbursement shall be limited to the actual cost of travel, food and lodging
reasonably incurred by the judge and, where appropriate to the occasion, by the judge's
spouse or guest. Any payment in excess of such an amount is compensation.
(2) Public Reports. A judge shall report compensation for extra-judicial activities as
required by law.
I. Disclosure of a judge's income, debts, investments or other assets is required only to the
extent provided in this Canon and in 3E and 3F, or as otherwise required by law.
J. Wedding Ceremonies.
(1) The performance of wedding ceremonies by a judge is a discretionary function rather
than a mandatory function of the court.
(2) A judge shall not interrupt or delay any regularly scheduled or pending court
proceeding in order to perform a wedding ceremony.
(3) A judge shall not advertise his or her availability for performing wedding ceremonies.
(4) A judge shall not charge or accept a fee, honorarium, gratuity or contribution for
performing a wedding ceremony during court hours.
(5) A judge may charge a reasonable fee or honorarium to perform a wedding ceremony
during non-court hours, whether the ceremony is performed in the court or away from
the court.

 

Canon 5. A Judge or Judicial Candidate Shall Refrain From Inappropriate Political
Activity

 

A. Political Conduct in General.
(1) A judge or a candidate for election to judicial office shall not:
(a) act as a leader or hold any office in a political organization;
(b) make speeches for a political organization or candidate or publicly endorse a
candidate for public office;
(c) solicit funds for or pay an assessment to a political organization or candidate, or make
contributions to a political party or organization or to a non-judicial candidate in excess
of a combined total of Two Hundred Fifty Dollars per year; or
(d) actively take part in any political campaign other than his or her own election,
reelection or retention in office.
(2) A judge or a non-judge who is a candidate for judicial office may speak to political
gatherings on his or her own behalf.
(3) A judge may purchase tickets for political dinners or other similar functions but
attendance at any such functions shall be restricted so as not to constitute a public
endorsement of a candidate or cause otherwise prohibited by these canons.
(4) A judge shall resign from judicial office upon becoming a candidate for a non-judicial
office either in a primary or in a general election, except that the judge may continue to
hold judicial office while being a candidate for election to or serving as a delegate in a state
constitutional convention if the judge is otherwise permitted by law to do so.
(5) Except as otherwise permitted in this code, a judge shall not engage in any other
political activity except on behalf of measures to improve the law, the legal system, or the
administration of justice.
B. Judicial Campaign Conduct.
(1) A candidate, including an incumbent judge, for a judicial office that is filled either by
public election between competing candidates or on the basis of a merit selection system
or retention election:
(a) shall maintain the dignity appropriate to judicial office and act in a manner consistent
with the integrity and independence of the judiciary, and shall encourage members of the
candidate's family to adhere to the same standards of political conduct in support of the
candidate as apply to the candidate;
(b) shall prohibit employees and officials who serve at the pleasure of the candidate, and
shall discourage other employees and officials subject to the candidate's direction and
control from doing on the candidate's behalf what the candidate is prohibited from doing
under the sections of this Canon;
(c) shall not authorize or knowingly permit any other person to do for the candidate what
the candidate is prohibited from doing under the sections of this Canon;
(d) shall not:
(i) make pledges or promises of conduct in office other than the faithful and impartial
performance of the duties of the office;
(ii) make statements that commit or appear to commit the candidate with respect to cases,
controversies or issues that are likely to come before the court;
(iii) knowingly misrepresent the identity, qualifications, present position or other fact
concerning the candidate or an opponent; or
(iv) announce the judge's views on disputed political or legal issues.
(e) may respond to personal attacks or attacks on the candidate's record as long as the
response does not violate 5B.
(2) A candidate, including an incumbent judge, for a judicial office, whether by a contested
election or seeking the retention of the office according to law, shall comply with the
Arizona statutes relating to the financial aspects of the candidacy. All candidates should
refrain from personally soliciting campaign contributions. They should refer prospective
contributors to the candidate's campaign committee.
(3) An incumbent judge who is a candidate for retention in or re-election to office may
campaign for retention in or re-election to office; may obtain publicly stated support; and
in the manner provided in subsection B(2) may obtain campaign funds.
C. Applicability. Canon 5 generally applies to all incumbent judges and judicial candidates.
A successful candidate, whether or not an incumbent, is subject to judicial discipline for
his or her campaign conduct; an unsuccessful candidate who is a lawyer is subject to
lawyer discipline for his or her campaign conduct. A lawyer who is a candidate for judicial
office is subject to ER 8.2(b) of the Arizona Rules of Professional Conduct.

 

APPLICATION OF THE CODE OF JUDICIAL CONDUCT

 

A. Judge. Anyone, whether or not a lawyer, who is an officer of a judicial system and who
performs judicial functions, including an officer such as a justice of the peace, magistrate,
court commissioner, special master, hearing officer or referee, is a judge within the
meaning of this code. All judges shall comply with this code except as provided below.
B. Retired Judge Available for Assignment. A retired judge available for assignment to
judicial service and during such service is not required to comply with 4C(2), 4D(2),
4D(3), 4E, 4F, 4G, 4H and 4I.
C. Part-time Judge. A part-time judge is a person 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.
(1) A part-time judge is not required to comply
(a) except while serving as a judge, with 3B(9);
(b) at any time, with 4C(2), 4C(4)(a), 4D(1)(b), 4D(3), 4D(4), 4D(5), 4E, 4F, 4G, 4H and
5A(1).
(2) A 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.
D. Pro Tempore Part-time Judge. A pro tempore part-time judge is a person appointed
pursuant to Article 6, 31 of the Arizona Constitution, A.R.S. 22-122, or municipal
charter or ordinance, who serves on less than a full- time basis under a separate
appointment by a presiding judge for each period of less than full-time service or for each
case heard.
(1) A pro tempore part-time judge is not required to comply
(a) except while serving as a judge, with 2A, 2B, 3B(9) and 4C(1);
(b) at any time with 2C, 4C(2), 4C(4), 4D(1)(b), 4D(3), 4D(4), 4D(5), 4E, 4F, 4G, 4H and
5A(1).
(2) A person who has been a pro tempore part-time judge 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 except as otherwise permitted by Rule 1.12(a) of the Arizona Rules of Professional
Conduct.
(3) A pro tempore part-time judge who serves once or only sporadically in a specialized
division of a court or in a court without specialized divisions may appear as a lawyer in
such specialized division or court during such service.
(4) A pro tempore part-time judge who serves repeatedly on a continuing scheduled basis
in a specialized division of a court or in a court without specialized divisions shall not
appear as a lawyer in such specialized division or court during such service.
(5) A part-time pro tempore judge who is appointed to perform judicial functions of a
non-appealable nature on a continuing scheduled basis shall not appear as a lawyer in
other proceedings involving the function of the court in which the service was performed,
but may appear as a lawyer in all other areas of practice before the court.
E. Pro Tempore Full-Time Judge. A pro tempore full-time judge is a person appointed
pursuant to A.R.S. 12-144 who serves full-time for the full six months allowed by statute.
A pro tempore full-time judge:
(1) is subject to all the provisions of this code;
(2) may not engage in the practice of law during such full-time service.
F. Time for Compliance. A person to whom this code becomes applicable shall comply
immediately with all provisions of this code except 4D(2), 4D(3) and 4E and shall
comply with these sections as soon as reasonably possible and shall do so in any event
within the period of one year.