Opinion 26-76

May 7, 2026

Facts/Issue:    Where a full-time judge is owed money on several client matters from previously completed legal work, may the judge sell these debts outright to a “reputable national collection agency” so that he/she will “no longer have a role or involvement in the collection”?  The collection agency would pay the judge “a nominal fee” now on each debt, and then pay a set percentage of whatever it eventually recovers on each debt.

Discussion:     While a full-time judge may not practice law, he/she may engage in ministerial or administrative activities to wind down his/her prior law practice and collect legal fees he/she earned before assuming the bench, even if such fees were not payable for one or more years.  We see no appearance of impropriety in the judge’s proposal to remove him/herself from the collections process for his/her previously earned legal fees by selling the debts outright to a reputable collection agency.  However, we cannot comment on any legal questions.

Conclusion:     Where a full-time judge is owed money on several client matters from his/her prior legal work, it is ethically permissible to sell these debts outright to a “reputable national collection agency,” assuming it is lawful to do so.

Authorities:  Opinions 22-86; 20-204; 19-148(B); 15-126.