Opinion 04-142

May 4, 2005

         This is in response to your inquiry (04-142), in which you ask whether it is permissible for your principal law clerk “to run for, or be appointed a [political party] district leader” in a county other than the one where you preside.

         Section 100.5(C)(1) of the Rules Governing Judicial Conduct is controlling. That provision states that a judge shall prohibit his or her personal appointees from “(1) holding an elective office in a political organization except as a delegate to a judicial nominating convention or a member of a county committee other than the executive committee of a county committee.” That provision, as well as the other subdivision of section 100.5, applies, regardless of the fact that the political office is in a county other than the one where you are presently serving.

         Enclosed for your consideration is Opinion 00-108 (Vol. XIX), which deals with such issues.