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.