Application
Rule Text
The Application section establishes when the various Rules apply to a judge or judicial candidate.
I. Applicability of this Code
(A) Anyone, whether or not a lawyer, who is an officer of a judicial system and who performs judicial functions, including but not limited to Justices of the Supreme Court of Appeals, Circuit Judges, Family Court Judges, Magistrates, Mental Hygiene Commissioners, Juvenile Referees, Special Commissioners and Special Masters, is a judge within the meaning of the Code.
(B) All judges shall comply with this Code except as provided below. All judicial candidates for judicial office shall comply with the applicable provisions of this Code.
II. Retired Judges
(A) A retired judge admitted to senior status but who does not engage in the practice of law is not required to comply with Rule 3.8.
(B) A retired judge admitted to senior status but who engages in limited law practice is not required to comply with Rules 3.8 and 3.10.
(C) A retired judge not admitted to senior status but who is recalled for specific cases or specific periods of service shall be deemed a pro tempore part-time judge subject to Application V.
(D) A retired judge, whether or not admitted to senior status and whether or not engaging in law practice, may be employed as a mediator or an arbitrator notwithstanding the provisions of Rule 3.9.
III. Continuing Part-Time Judges
A judge who serves repeatedly on a part-time basis by election or under a continuing appointment, such as a mental hygiene commissioner,
(A) is not required to comply
(1) except while serving as a judge, with Rules 2.10 and 4.1(A); and
(2) at any time with Rules 3.8(A), 3.9, 3.10, 3.11(B), 3.12, and 3.15.
(B) may 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, but shall not act as a lawyer in a proceeding in which the judge has served as a judge in any other proceeding related thereto, or in any matter involving the same subject-matter jurisdiction.
IV. Periodic Part-Time Judge
A periodic part-time judge who serves or expects to serve repeatedly on a part-time basis, but under a separate appointment for each limited period of service or for each matter,
(A) is not required to comply:
(1) except while serving as a judge, with Rule 4.1(A); or
(2) at any time with Rules 3.4, 3.8(A), 3.9, 3.10, and 3.11(B);
(B) 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.
V. Pro Tempore Part-Time Judge
A pro tempore part-time judge who serves or expects to serve once or only sporadically on a part-time basis under a separate appointment for each period of service or for each case heard is not required to comply:
(A) except while serving as a judge, with Rules 2.4, 3.2, and 4.1(A); or
(B) at any time with Rules 3.4, 3.8(A), 3.9, 3.10, and 3.11(B).
VI. Time for Compliance
A person to whom this Code becomes applicable shall comply immediately with its provisions, except that those judges to whom Rules 3.8 and 3.11 apply shall comply with those Rules as soon as reasonably possible, but in no event later than one year after the Code becomes applicable to the judge.