Opinion 21-94

July 27, 2021

Dear :

         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

                                                 Committee Co-Chair

                                                 Lillian Wan

                                                 Acting Supreme Court Justice

                                                 Committee Co-Chair

Encls.