Opinion 10-105

October 26, 2010

         This responds to your inquiry (10-105) asking whether a part-time justice may also serve as a full or part-time county attorney or assistant county attorney.

         The Rules Governing Judicial Conduct do not prohibit such dual employment provided: 1) your non-judicial duties do not involve quasi-prosecutorial matters; 2) you recuse where there is a conflict; and 3) as long as you are not required to recuse too frequently.

         Enclosed, for your convenience, are Opinions 06-98 and 91-144 which address this issue.