23.1.1Who the CJC covers (Application section)

Scope — who the CJC covers (CJC Application section)

• CJC Rule 1.1 itself

  a judge shall comply with the law, including this Code.

• Covered: judges, magistrates, commissioners, referees, justices of the peace, special masters, members of the administrative law judiciary, and all persons performing judicial functions (Application I(B)).

• Canon 4 applies to judicial candidates (Application I(A)), so a lawyer who is not a judge can be inside this Code. A judicial candidate is anyone, a sitting judge included, seeking selection for or retention in judicial office by election or appointment (CJC Terminology).

• Candidacy attaches on any one of four triggers (CJC Terminology):

  • a public announcement of candidacy;
  • declaring or filing as a candidate with the election or appointment authority;
  • authorizing, or where permitted engaging in, solicitation or acceptance of contributions or support; or
  • being nominated for election or appointment to office.

• Coverage runs by category — rule by rule, in the table below.

  • A retired judge subject to recall who by law may not practice law is its own category (Application Part II); one who MAY practice law is a continuing part-time judge instead (Application Part III). A retired judge no longer subject to recall falls outside the Code's ongoing obligations.
  • The continuing and periodic part-time judge (Application Parts III(B) and IV(B)): may not practice law in the court served or in any court subject to that court's appellate jurisdiction, and may not act as a lawyer in a proceeding in which the judge has served or in any other proceeding related to it. Separately and regardless of category, MRPC 1.12(a) bars any former adjudicative officer, judges pro tempore included (MRPC 1.12 cmt [1]), from representing anyone in a matter the officer participated in personally and substantially, absent the informed consent of all parties, confirmed in writing.

• Compliance required at all times, including off-duty.

• Judge who is also a lawyer: both CJC and MRPC may apply concurrently.

• A lawyer who knowingly assists a judge in conduct violating the CJC violates MRPC 8.4(f); inducement is one way to do that, not the only way.