R.i. Sup. Ct. R. 3.10
R.i. Sup. Ct. R. 3.10
COMMENT
[1] A judge, a retired judge who is subject to mandatory recall for service by law, and a retired judge subject to voluntary recall who makes himself or herself available for recall for service, may act pro se in all legal matters, including matters involving litigation and matters involving appearances before or other dealings with governmental bodies. A judge, a retired judge who is subject to mandatory recall for service by law, and a retired judge subject to voluntary recall who makes himself or herself available for recall for service, must not use the prestige of his or her office to advance the judge's personal or family interests, however. See Rule 1.3.
[2] "Tribunal" denotes a court, an arbitrator in a binding arbitration proceeding, or a legislative body, administrative agency, or other body acting in an adjudicative capacity. A legislative body, administrative agency, or other body, acts in an adjudicative capacity when a neutral official, after the presentation of evidence or legal argument by a party or parties, will render a binding legal judgment directly affecting a party's interests in a particular matter.
[3] A judge engaging in the practice of law pursuant to his or her military service may not take any action giving the impression that the judge is serving as an advocate on matters concerning the civilian justice system, nor may he or she engage in any conduct resembling the services provided by civilian attorneys for military members. Impermissible activities include, but are not limited to, providing legal advice or representation in areas of civil law such as family law, administrative law, tort claims, contract law, and personal and business financial law, and assisting military members with personal legal services such as drafting wills and powers of attorney. By contrast, permissible activities encompass those that pertain to strictly military issues, including, but not limited to, conducting military inspections, providing training on military justice and related policies, and rendering advice regarding operational law, casualty assistance, and the rules of war. In addition, a judge engaged in the practice of law pursuant to his or her military service may serve as a military judge, provided that such service involves matters of military justice and would not require frequent disqualification. See Canon 3.
[4] In addition to applying to active judges, this rule applies to (a) retired justices of the Rhode Island Supreme Court, (b) retired judges subject to mandatory recall who retire on full pay, and who, therefore, at the direction of the chief judge of the respective court shall be assigned to perform those judicial services as the chief judge may prescribe, and (a) judges subject to voluntary recall who retire on reduced pay, but who at their own election and request make themselves available for recall at the direction of the chief judge of the respective court to be assigned to perform those judicial services as the chief judge may prescribe. In each case, the retired judge, either by mandatory or voluntary recall, is available and subject to recall for judicial service and is therefore considered to "perform judicial functions." Consequently, it would not be appropriate for such retired judges to practice law. See R.I. General Laws §§ 8-3-7 and 8-3-8 (with respect to justices of the Supreme, Superior, Family, and District courts), §§ 28-30-15, 28-30-15.1, 28-30-16, and 28-30-16.2 (with respect to judges on the Workers' Compensation Court), and §§ 8-8.2-6 and 8-8.2-9 (with respect to judges on the Rhode Island Traffic Tribunal) for the statutory provisions applicable to this rule.