Application
Anyone, whether or not a lawyer, who performs judicial functions under the Constitution and laws of Georgia, including an associate judge, senior judge, special master, magistrate, or municipal judge, or any person who is a judicial candidate for any such office, is a judge for the purpose of this Code. All judges, whether full-time, part-time, or pro tempore, shall comply with this Code except as provided below.
Commentary:
[1] The Rules in this Code have been formulated to address the ethical obligations of any person who serves a judicial function. They are premised upon the supposition that a uniform system of ethical principles should apply to all those authorized to perform judicial functions. Further, regardless of the title used by a governing body to designate a judge, besides full-time, there shall be only two other types, part-time and pro tempore, as defined below.
[2] Some officials may be made subject to the ethical obligations set forth in this Code by statute, regulation, or other laws. See, e.g., OCGA § 34-9-42(b); Ga. Comp. R. & Regs., r. 616-1-1-.06. Such officials are judges for the purpose of this Code.
A. Part-time Judges
A part-time judge is a person selected to serve as a judge on a periodic or continuing basis, but is permitted by law to devote time to some other profession or occupation, including the private practice of law. Part-time judges:
(1) are not required to comply with Rules 3.4 [extra-judicial appointments], 3.8 [fiduciary activities], 3.9 [arbitration and mediation], 3.10 [practice of law], and 3.15 (A) (1) [annual financial reporting of extra-judicial compensation].
(2) shall not practice law in the court on which they serve, or act as lawyers in proceedings for which they have served as judges or in any proceeding related thereto; nor should they practice law in any court over which the court they serve as a part-time judge conducts appellate review.
Commentary:
To illustrate: (i) part-time, lawyer judges of a Municipal Court, Magistrate Court, Probate Court, or Juvenile Court perform no appellate review, and therefore can practice law in any court other than their own; (ii) part-time State Court judges can practice law in any court other than their own, except where a State Court exercises appellate review over a Magistrate or Municipal Court, in which case such a part-time State Court judge cannot practice law in those Magistrate or Municipal Courts; (iii) inasmuch as the law [see OCGA § 5-4-1, and OCGA § 15-6-8(3), (4)] permits writ of certiorari review and appellate review by Superior Courts for the correction of errors as well as to supervise and correct judgments in all inferior tribunals such as Magistrate Courts, or Municipal Courts or councils, any inferior judicature, or over any person exercising judicial power, in most instances a part-time judge sitting as a Superior Court judge may nevertheless practice law in any such inferior judicatories in the circuit where that part-time judge presided as a Superior Court judge. The restriction on practice of law by a part-time judge derives from the appellate jurisdiction of the court where that judge serves part-time, not from the appellate review power of another court to which that part-time judge may be called to serve as a judge, such as to a Superior Court.
B. Judges Pro Tempore
A judge pro tempore is a person, usually a practicing attorney, who is not otherwise a part-time judge, who is appointed to serve during any calendar year for a specific case or trial calendar, and who thereby serves as a judge temporarily rather than on a periodic or continuing basis.
(1) While acting as such, a judge pro tempore is not required to comply with Rules 3.4 [extra-judicial appointments], 3.8 [fiduciary activities], 3.9 [arbitration and mediation], 3.10 [practice of law], 3.11 [financial activities], and 3.15 (A) (1) [annual financial reporting of extra-judicial compensation].
(2) Persons who have served as judges pro tempore shall not act as lawyers in proceedings in which they have served as judges, or in other proceedings related thereto.
(3) After a second designation, together with actual performance of judicial functions in a particular court as a judge pro tempore, as well as during any period when performing judicial functions as a judge pro tempore, such a judge pro tempore becomes ineligible to practice law during the remainder of the calendar year in the court served as a judge pro tempore, while remaining eligible to serve as a judge on subsequent occasions. These provisions shall not apply to service as a special master.
Commentary:
[1] These Rules contemplate greater employment of standard judicial assistance law, such as OCGA §§ 15-1-9.1, 15-6-13, 15-7-25, 15-8-3, 15-9-13, 15-10-221, or 15-11-23, as well as use of senior judges, rather than designating practicing attorneys to function as judges for special situations resulting from judicial disqualification, personal emergency, or considerations of more effective caseload management. The rules are intended to endorse appointment or service by a lawyer as a judge pro tempore only for brief and infrequent periods of time.
[2] Judicial candidates who do not currently hold judicial office are subject to the same Code provisions as judges pro tempore. See Terminology Section, definition of judicial candidate.
C. Time for Compliance
A person to whom this Code becomes applicable shall comply immediately with all provisions of this Code except Rules 3.8 [fiduciary activities] and 3.11 (B), (C), (D), (E), or (F) [personal and family financial activities], but shall comply with these Rules as soon as reasonably possible and shall do so in any event within the period of one year from commencing service as a judge.
Commentary:
If serving as a fiduciary when selected as a judge, a new judge may notwithstanding the prohibitions in Rule 3.8, continue to serve, 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 a year. Similarly, if engaged at the time of judicial selection in business activity, a new judge may, notwithstanding the prohibitions in Rule 3.11(B), (C), and (D), continue in that activity for a reasonable period, but in no event longer than a year.
D. Ongoing Disciplinary Authority
In addition to the foregoing, the appropriate authority for judicial discipline shall have continuing jurisdiction over individuals to whom this Code is applicable regarding allegations of misconduct occurring during the individual's service as a judge, judicial candidate, or an officer of a judicial system, if a complaint is filed no later than one year following that service.