Opinion 23-144

Short-Form Opinion

December 14, 2023

Question:     May a full-time support magistrate in one county serve as a volunteer arbitrator in the small claims part of a different court in another county?

Discussion:   We have advised that service as a volunteer arbitrator in small claims court is not performed in a “private capacity” within the meaning of Section 100.4(F). Thus, the Rules Governing Judicial Conduct do not prohibit a full-time judge or quasi-judicial official from serving in that capacity, as long as such service does not conflict with official duties.  We note that a support magistrate does not hear appeals, whether from the small claims part or otherwise, and the risk of any conflict is further reduced by the fact that the small claims part is in another county.

                   Accordingly, we conclude this support magistrate may volunteer as an arbitrator in the small claims part of a different court in another county.  However, the support magistrate should consult the Office of Court Administration’s Nonjudicial Ethics Helpline (888-283-8442; inside-ucs.org/oca/ethics/) for guidance on any issues that may arise under Part 50, including any administrative approvals that may be required.

Enclosed:     Opinions 09-23; 07-12; 99-103.