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June 25, 1996


Ms. Linda P. Collier
Deputy Prosecuting Attorney
Twentieth Judicial District
Faulkner County Courthouse
Conway, Arkansas 72033

Re: Advisory Opinion No. 96-05

Dear Ms. Collier:

In your request for an Advisory Opinion dated May 24, 1996, you stated that you are presently a Deputy Prosecuting Attorney in the Twentieth Judicial District and that you received the Democratic nomination for Circuit Chancery/Juvenile Judge for that same district. You are unopposed and should expect to take office on January 1, 1997. You have inquired as to the propriety of your continuing to serve in your present position until the end of the year. You stated that it is your intention to make no judicial rulings on cases in which you are now involved as prosecutor and that tentative arrangements have been made for another judge to hear cases that you have been handling as prosecutor.

While certain portions of the Code of Judicial Conduct, such as Canon 5 concerning inappropriate political activity apply to you as a candidate for judicial office, it appears to us that you need only address Canon 3 E. Disqualification after you become a judge. You are to be commended for your concern in advance for matters which might require disqualification, and as a practical matter, you are encouraged to continue to approach your duties as Deputy Prosecuting Attorney with this in mind; however we find nothing in the Code that would prohibit your completing your work in your present capacity.

Very truly yours,

Edwin Alderson

For the Committee


Steele Hays and Howard W. Brill concur.

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