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Honorable John A. Fogleman
Gill Law Firm
3801 TCBY Building
Capitol and Broadway
Little Rock, AR 72201

Re: Advisory Opinion #94-06

Dear Judge Fogleman:

Your letter of April 14, 1994 asks to what extent you are permitted to participate in the campaign of your nephew who is running for Circuit Judge. Your letter indicates that you served on the Arkansas Supreme Court for fourteen (14) years, that you have not occupied any judicial position since 1981 and that you currently draw judicial retirement pay.

The Application Section of the Code of Judicial Conduct states that AAnyone, whether or not a lawyer, who is an officer of a judicial system and who performs judicial functions ... is a judge within the meaning of this Code.@ Part-time judges who fall within the categories of a continuing part-time judge, pro tempore part-time judge or periodic part-time judge are subject to some of the provisions of the Code.

It is our opinion that a retired judge, even though receiving retirement pay and regardless of whether the judge is subject to recall or service, is not within the categories of judicial service contemplated by the Application Section. A retired judge can participate in judicial campaigns to the same extent, and with the same limitations, as any other attorney.



Howard W. Brill

for the Committee

Bruce T. Bullion and Edwin Alderson concur.

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