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APPLICATION OF THE CODE OF JUDICIAL CONDUCT
A. Full-Time Judicial Officers. The following judicial officers shall comply with all provisions of this Code:
(1) active justices of the supreme court and active judges of the court of appeals, the superior court, and the district court (including acting district court judges);
(2) full-time magistrates;
(3) committing magistrates; and
(4) standing masters.
B. Senior Judges.
(1) Senior judges (retired justices of the supreme court and retired judges of the court of appeals, the superior court, and the district court who are eligible for judicial service under Administrative Rule 23) shall comply with all provisions of this Code except:
(a) 4D(1)(b) (transactions with persons likely to come before the judge's court);
(b) 4D(4) (management of financial resources to minimize disqualification);
(c) 4E(1) (fiduciary service for persons other than family members);
(d) 4E(2) (fiduciary service where proceedings likely before judge's court); and
(e) 4F (service as arbitrator or mediator). However, a senior judge who serves as an arbitrator or mediator must comply with Administrative Rule 23 (e).
(2) In addition, a senior judge need not comply with Section 4C(2) (appointment to government positions) except during periods of appointment to active judicial service under Administrative Rule 23.
Commentary. - A senior judge - a retired justice or judge who is eligible for judicial service under Administrative Rule 23 - must comply with all provisions of the Code except those listed. Thus, a senior judge may engage in financial and business dealings with any person and has no duty to manage investments and business and financial interests to minimize the number of cases in which the judge is disqualified. A senior judge may serve as a personal representative, trustee, guardian, or other fiduciary for persons other than family members. Although senior judges may not engage in the practice of law, they may serve as private arbitrators or mediators and may maintain private arbitration and mediation businesses, even during periods of pro tem service. However, in order to be eligible for judicial service, a judge who performs private arbitration or mediation must comply with the disclosure requirements and employment restrictions set out in Administrative Rule 23(e). A senior judge may serve on a government committee or commission or hold a government position except during periods of pro tem service.
Despite the relaxation of restrictions on senior judges' financial dealings, they remain subject to the disqualification provisions of Section 3E.
C. Part-Time Magistrates and Deputy Magistrates. Part-time magistrates and deputy magistrates shall comply with all provisions of this Code except:
(1) Section 4C(1) (appearance before or consultation with executive or legislative bodies) if the magistrate or deputy magistrate holds an office or position of profit under the United States, the state, or its political subdivisions and must engage in Section 4C(1) activities in order to perform the duties of this office or position;
(2) Section 4C(2) (appointment to government positions);
(3) Section 4D(1)(b) (transactions with persons likely to come before the judge's court);
(4) Section 4D(3)(c) (participation in business activity that has major effect on economic life of community);
(5) Section 4E(1) (fiduciary service for persons other than family members);
(6) Section 4G (practice of law);
(7) Section 5A(1)(d) (attendance at political gatherings) if the magistrate or deputy magistrate holds or is seeking non-judicial public office;
(8) Section 5A(1)(e) (solicitation and contribution of campaign funds) to the extent that the magistrate or deputy magistrate is soliciting funds for or contributing funds to the magistrate's own campaign for non-judicial public office;
(9) Section 5A(2) (resignation upon becoming a candidate for nonjudicial office); and
(10) Sections 5B (political activity to secure appointment to public office).
Commentary. - AS 22.15.210(b) guarantees magistrates a conditional right to seek and hold any other office or position of profit under the United States, this State, or its political subdivisions, and to engage in the conduct of any profession or business that does not interfere with the performance of judicial duties or necessitate repeated disqualifications. Because of this statute, part-time magistrates are exempt from the restrictions on holding non-judicial public office. They are also permitted to engage in political activity necessary to secure and perform the duties of non-judicial public office. Note, however, that political activity by court system employees is also limited by Personnel Rule PX9.O. Under this rule, a court system employee forfeits his or her position upon becoming a candidate for state or national elective political office, other than the office of delegate to a state or federal constitutional convention.
The Code exempts part-time magistrates from two restrictions on business activity, the duty to avoid financial and business dealings with persons likely to come before the magistrate's court, and the duty to avoid business activity that has a major effect on the economic life of the community. In a small community, it may be difficult for a magistrate to avoid business dealings with persons likely to come before the magistrate's court, and even a moderately-sized business venture may have a major effect on the community's economic life. Thus, these restrictions could make it impossible for a part-time magistrate to carry on outside business activity in order to supplement his or her part-time judicial salary. Part-time magistrates remain subject to Section 4D(4), which requires that they manage their financial dealings to minimize the number of cases in which they are disqualified. They also remain subject to the disqualification provisions of Section 3E. They are also subject to Personnel Rule PX5.04, which regulates outside employment by court system employees.
A part-time magistrate may serve as a fiduciary for persons other than family members, subject to Sections 4E(2) and 4E(3). A part-time magistrate who is an attorney may practice law, subject to Administrative Rule 2(d), which prohibits court system employees from engaging, directly or indirectly, in the practice of law in any of the courts of this state.
D. Special Masters.
(1) A special master who is not an active judge, magistrate, or standing master shall comply with the following provisions of this Code:
(a) Canon 1 (duty to uphold the integrity and independence of the judiciary);
(b) Canon 3 (judicial duties); however, a special master need not comply with Section 3B(9) to the extent this Section would prohibit the special master from commenting about pending or impending proceedings that are unrelated to the proceeding in which he or she is a special master;
(c) Section 4A (extra-judicial activities in general);
(d) Section 4B (avocational activities);
(e) Section 4C(1); however, a special master need not comply with Section 4C(1) to the extent this Section would prohibit the special master from appearing at public hearings or lobbying on matters that are unrelated to the proceeding in which he or she is a special master;
(f) Section 4D(1)(a) (financial or business dealings that appear to exploit judicial position);
(g) Section 4E(3) (restrictions on financial activity that apply personally also apply while acting as fiduciary); and
(h) Section 4I (financial affairs are private except where disclosure required by law).
(2) In addition, during periods of appointment as a master, a special master must comply with Section 2A (duty to avoid impropriety and appearance of impropriety) and 2B (inappropriate influence and misuse of judicial office).
(3) A person who has been a special master in a proceeding shall not act as a lawyer in that proceeding or in any other proceeding related thereto, except as otherwise permitted by Rule 1.12(a) of the Alaska Rules of Professional Conduct.
E. Time for Compliance. A person to whom this Code becomes applicable shall comply immediately with all provisions of this Code except Sections 4D(2) and 4D(3) (which pertain to business activities) and Section 4E (which pertains to fiduciary activities) and shall comply with these Sections as soon as reasonably possible and shall do so in any event within the period of one year.
Commentary. - If serving as a fiduciary when selected as a judge, a new judge may, notwithstanding the prohibitions in Section 4E, continue to serve as fiduciary but only for that period of time necessary to avoid serious adverse consequences to the beneficiary of the fiduciary relationship and in no event longer than one year. Similarly, if engaged at the time of judicial selection in a business activity that is not permitted by Section 4D(3), a new judge may, notwithstanding the prohibitions in Section 4D(3), continue in that activity for a reasonable period but in no event longer than one year.
(Adopted by SCO 1322 effective July 15, 1998)
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999
