July 27, 2021
This responds to your inquiry (21-94) asking if you, a part-time attorney judge, may serve as a part-time prosecutor in a neighboring county.
We have previously advised that employment as a prosecutor in any jurisdiction is ethically incompatible with judicial office. As relevant here, a core concern is that district attorneys have a “special relationship with law enforcement authorities” which would create, at the very least, an appearance of impropriety.
For your convenience, we enclose Opinions 07-163, 01-20, 98-30, and 90-188.
Very truly yours,
Margaret T. Walsh
Supreme Court Justice
Acting Supreme Court Justice