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March 19, 1997

 


Charles A. Yeargan
Attorney at Law
P.O. Box 2200
Glenwood, Arkansas 71943


Re: Advisory Opinion # 96-10

Dear Mr. Yeargan:

Your letter of November 25, 1996, to this committee states that you are serving on the Arkansas State Parks and Tourism Commission. You indicate that the primary purpose of the Commission is "to set policy and budget for the operations of the parks and tourism divisions". Your term expires on January 14, 2000. In November, 1996 you were elected to the position of Circuit-Chancery Judge and will assume that position on January 1, 1997.

The Arkansas State Parks and Tourism Commission is a governmental committee that is concerned with issues of fact or policy on matters not related to the administration of justice or the legal system. Canon 4 (C) (2) of the Code of Judicial Conduct bars a judge from accepting appointment to the Commission.

The Application, Section D, of the Code requires that "a person to whom this Code becomes applicable shall comply immediately with all provisions of this Code . . ." Accordingly, it is our opinion that the Code requires you to resign from the Parks and Tourism Commission before assuming the position of Circuit-Chancery Judge.

 

Sincerely,

 

Howard W. Brill

For the Committee

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