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APPLICATION

The Application sectionestablishes when the various Rules apply to a judge or judicial candidate.

I. APPLICABILITY OF THISCODE

(A) The provisions ofthe Code apply to all full-time judges. Parts II through IV of this sectionidentify those provisions that apply to three distinct categories of part-timejudges. Canon 4 applies to judges and judicial candidates.

(B) A judge, within themeaning of this Code includes a court commissioner.

(C) A ?full-time? judge,within the meaning of this Code, includes any judge of a court of record. A?full-time? judge also includes a judge of a court not of record who:

(1) serves in a courtwhose judicial weighted caseload measure, as approved by the Judicial Council,shows the need for at least 1.0 judges; or

(2) serves in more than one court whose total judicialweighted caseload measure, as approved by the Judicial Council, shows the needfor at least 1.0 judges.

(D) Paragraphs (C)(1) and (C)(2) apply on the day of the judge?s appointmentfor judges appointed on or after January 1, 2013, and they apply on January 2,2017 for judges appointed before January 1, 2013.

COMMENT

[1] The Rules in thisCode have been formulated to address the ethical obligations of any person whoserves a judicial function and are premised upon the supposition that a uniformsystem of ethical principles should apply to all those authorized to performjudicial functions.

[2] The determination ofwhich category and, accordingly, which specific Rules apply to an individualjudicial officer depends upon the facts of the particular judicial service.

II. ACTIVE SENIOR JUDGE

An active senior judgeappointed under Rule 11-201 of the Rules of Judicial Administration is notrequired to comply:

(A) at any time with Rules 3.4 (Appointments to GovernmentalPositions) and 3.8 (Appointments to Fiduciary Positions);

(B) with Rule 3.9 (Service as Arbitrator or Mediator),except while serving as a judge; or

(C) at any time with Rule 3.11(B) (Financial, Business, orRemunerative Activities).

COMMENT

[1] For the purposes ofthis section, an active senior judge is subject to this Code during any term ofjudicial office to which the judge has been appointed to serve.

III. PART-TIME JUSTICECOURT JUDGE

A part-time justicecourt judge, including an active senior justice court judge appointedunder Rule 11-203 of the Rules of Judicial Administration,

(A) is not required to comply:

(1) with Rules 2.10(A) and 2.10(B) (Judicial Statements onPending and Impending Cases) and 3.14 (Reimbursement of Expenses and Waivers ofFees or Charges) except while serving as a judge; or

(2) at any time with Rules 3.4 (Appointments toGovernmental Positions), 3.8 (Appointments to Fiduciary Positions), 3.9(Service as Arbitrator or Mediator), 3.10 (Practice of Law), and 3.11 (Financial,Business, or Remunerative Activities)); and

(B) shall not practice law in the court on which the judgeserves nor act as a lawyer in a proceeding in which the judge has served as ajudge or in any other proceeding related thereto.

COMMENT

[1] When a part-timejustice court judge is no longer serving as a judge, that person may act as alawyer in a proceeding in which the person has served as a judge or in anyother proceeding related thereto only with the informed consent of all parties,and pursuant to any applicable Rules of Professional Conduct.

IV. JUDGE PRO TEMPORE

A judge pro temporeappointed under Rule 11-202 of the Rules of Judicial Administration shall notpractice law in the same small claims division in which the judge serves. Thesame small claims division means the courthouse at which the judge serves andincludes small claims appeals heard at that courthouse. A judge pro tempore isnot required to comply:

(A) except while serving as a judge, with Rules 1.2(Promoting Confidence in the Judiciary), 2.4 (External Influences on JudicialConduct), 2.10 (Judicial Statements on Pending and Impending Cases), or 3.2(Appearances before Governmental Bodies and Consultation with GovernmentOfficials); or

(B) at any time withRules 3.4 (Appointments to Governmental Positions), 3.6 (Affiliation withDiscriminatory Organizations), 3.7 (Participation in Educational, Religious,Charitable, Fraternal, or Civic Organizations and Activities), 3.8(Appointments to Fiduciary Positions), 3.9 (Service as Arbitrator or Mediator),3.10 (Practice of Law), 3.11 (Financial, Business, or Remunerative Activities),3.13 (Acceptance and Reporting of Gifts, Loans, Bequests, Benefits, or OtherThings of Value), 4.1 (Political and Campaign Activities of Judges and JudicialCandidates in General), 4.2 (Political and Campaign Activities of Judges inRetention Elections), and 4.3 (Activities of Judges Who Become Candidatesfor Nonjudicial Office).

V. SENIOR JUDGE

A senior judge is notrequired to comply with the provisions of this Code.

VI. TIME FOR COMPLIANCE

A person to whom thisCode becomes applicable shall comply immediately with its provisions, exceptthat as to Rules 3.8 (Appointments to Fiduciary Positions) and 3.11 (Financial,Business, or Remunerative Activities) compliance shall occur as soon asreasonably possible, but in no event later than one year after the Code becomesapplicable to the judge.

COMMENT

[1] If serving as afiduciary when selected as judge, a new judge may, notwithstanding theprohibitions in Rule 3.8, continue to serve as fiduciary, but only for thatperiod of time necessary to avoid serious adverse consequences to thebeneficiaries of the fiduciary relationship and in no event longer than oneyear. Similarly, if engaged at the time of judicial selection in a businessactivity, a new judge may, notwithstanding the prohibitions in Rule 3.11,continue in that activity for a reasonable period but in no event longer thanone year.