|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.
Howard W. Brill
For the Committee