SDCL tit. 16, ch. 2, app A TO CHAPTER 16-2, APPLICATION OF THE CODE OF JUDICIAL CONDUCT

Current through the 2024 Legislative Session

APPLICATION OF THE CODE OF JUDICIAL CONDUCT

A. Application of code. Anyone, whether or not a lawyer, who is an officer of a judicial system magistrate, special master or referee, is a judge within the meaning of this Code. All judges shall comply with this Code except as provided below.

COMMENTARY

The three categories of judicial service in other than a full-time capacity are necessarily defined in general terms because of the widely varying forms of judicial service. For the purposes of this Section, as long as a retired judge is subject to recall the judge is considered to "perform judicial functions." The determination of which category and, accordingly, which specific Code provisions apply to an individual judicial officer, depend upon the facts of the particular judicial service.

B. RESERVED.

C. Continuing Part-time Judge. A continuing part-time judge *:

(1) is not required to comply

(a) except while serving as a judge, with Section 3B(9); and

(b) at any time with Sections 4C(2), 4E(1), 4F, 4G, 4H, 5A(1), 5B(2) and 5D.

(2) 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.

COMMENTARY

When a person who has been a continuing part-time judge is no longer a continuing part-time judge, including a retired judge no longer subject to recall, that person may act as a lawyer in a proceeding in which he or she has served as a judge or in any other proceeding related thereto only with the express consent of all parties pursuant to Rule 1.12(a) of the ABA Model Rules of Professional Conduct.

D. Periodic Part-time Judge. A periodic part-time judge *:

(1) is not required to comply

(a) except while serving as a judge, with Sections 2A and 3B(9);

(b) at any time, with Sections 4C(1), 4C(2), 4C(3)(a) and (b), 4D(1)(b), 4D(4), 4D(5), 4E 4F, 4G, 4H, 5A(1), 5A(2), 5B(2) and 5D.

(2) 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.

COMMENTARY

When a person who has been a periodic part-time judge is no longer a periodic part-time judge (no longer accepts appointments), that person may act as a lawyer in a proceeding in which he or she has served as a judge or in any other proceeding related thereto only with the express consent of all parties pursuant to Rule 1.12(a) of the ABA Model Rules of Professional Conduct.

E. Pro Tempore Part-time Judge. A pro tempore part-time judge *:

(1) is not required to comply

(a) except while serving as a judge, with Sections 2A, 2B and 3B(9);

(b) at any time with Sections 2C, 4C(1), 4C(2), 4C(3)(a), 4C(3)(b), 4D(1)(b), 4D(4), 4D(5), 4E, 4F, 4G, 4H, 5A(1), 5A(2), 5B(2) and 5D

(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 ABA Model Rules of Professional Conduct.

F. Time for Compliance. A person to whom this Code becomes applicable shall comply immediately with all provisions of this Code except Sections 4D(2) 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.

COMMENTARY

If serving as a fiduciary when selected as 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, 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.

SDCL tit. 16, ch. 2, app A TO CHAPTER 16-2, APPLICATION OF THE CODE OF JUDICIAL CONDUCT

SL 1993, ch 398 (Supreme Court Rule 93-15), eff. July 1, 1993; SL 2006, ch 274 (Supreme Court Rule 05-13), eff. Jan. 1, 2006.