June 24, 2009
Please Note: The inquirer was a part-time judge.
Dear Justice :
This responds to your inquiry (09-122) asking whether you may sit as a member of a Traffic Safety Board and whether you may seek employment as a STOP DWI Coordinator.
There is no ethical prohibition to sitting as a member of a Traffic Safety Board provided the proceedings which come before you have no connection to the Board. If there is any connection, you are disqualified from presiding, subject to remittal. Enclosed, for your convenience, are Opinions 05-150 and 99 -176, which address this issue.
It is ethically impermissible, however, for you to serve as a STOP DWI Coordinator. Enclosed, for your convenience, are Opinions 95-46 and 93-95, which address this issue.
Very truly yours,
George D. Marlow
Justice of the Supreme Court