July 22, 1991

Honorable Ted C. Capeheart
Chancellor
P.O. Box 546
Ashdown, AR 71822

RE: Advisory Request 91-02(2)

Dear Judge Capeheart,

At its July 19, 1991 meeting the Judicial Discipline and Disability Commission met with members of the Judicial Ethics Advisory Committee. One of the issues discussed at that meeting was the jurisdictional line as to when a request for opinion properly goes before the Ethics Advisory Committee. It was decided that when information of any past or present violation comes to the Commission or its staff, the Commission acts upon it even if that information has attached to it a request that the Advisory Committee judge it prospectively.

Under the facts presented in your recent letter, it appears that your mother remained in your employ on July 1, 1991, and has continued so. As such your request for an advisory opinion does not meet a threshold requirement to go before the Judicial Ethics Advisory Committee.

As your letter indicated a possible present violation, it will be considered by the Judicial Discipline and Disability Commission. In the near future I will prepare and send you a statement of allegations. Please contact me if you have any questions.

Sincerely,

James A. Badami

Executive Director

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