Opinion 07-163

December 4, 2007


          This is in response to your inquiry (07-163) regarding whether you may accept an appointment as a special prosecutor, in a county other than the county where you preside as part-time City Court judge.

          The Committee previously has advised that a part-time judge who also is an attorney may not accept appointment as a special district attorney, or serve as an assistant district attorney, in another county. Opinion 98-30 (Vol. XI); 90-188 (Vol. VI). The Committee noted that such positions are incompatible with judicial office and may create an appearance of impropriety, because district attorneys have a “special relationship with law enforcement authorities.” Opinions 98-30 (Vol. XI); 90-188 (Vol. VI).

          Therefore, it is not ethically permissible for you to accept appointment as a special prosecutor in a county other than the county in which you preside a part-time City Court judge.

          I have enclosed copies of Opinions 98-30 (Vol. XI) and 90-188 (Vol. VI) for your review and consideration.