Judicial Advisory Opinions from page 28 Commirree? 2. Must he actually start the case so that when the city rests, he must enter a finding of nor guilty, or can he call the case and review the city anorney's previous court statement that he is going to rest without any testimony so that the defendanr can be tried at a later date? 3. If he is required co report the city attorney's actions, can he continue to hear cases presented by the City of Waldron city prosecutor? 4. If he cannot hear cases presented by the City of WaJdroll city prosecuror, can he appoim someone ro take his place, or must he withdraw from all cases presented by this anomey which will be a burden CO the City of Waldron. The Commirrce responded as follows: 1. Canon 3(0)(2) provides rhat a judge
who receives information indicating a 5ubsranriaJlikelihood that a lawyer has committed a violation of the Rules of Professional Conduct should take appropriate action. Further a judge having knowledge that a lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question of the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects shall eirher communicare directly with respect ro the violation with the lawyer who has commirted the viol arion or repoer the violation ro the Arkansas Supreme Court Comminee on Professional Conduct. A judge should make rhis decision on his or her own based on the aforementioned rules. It is nor within the scope of the Comminee's duties to make the decision for the judge. 2. Canon 3 (B)(8) requires a judge to dis-
pose of all matters prompdy, efficiently and fajrly. Again, it is not wi thin the scope of the Committee's duties to advise the judge on how to proceed in a panicuJar case. 3. Canon 3 (E) (I )(a) provides that a judge should disqualiJY himself in a proceeding in which the judge's impartiality might reasonably be questioned including instances where the judge has a personal bias concerning a parry's anorney. 4. The judge's withdrawal is covered in the Committee's response to question 3. The appointing of a special prosecuror is beyond the authority of the Committee, as the Arkansas Code ofJudicial Conduct docs nor cover it. However, if rhe law allows such an appointment, rhen that is to be considered. _
ArLAP ARKANSAS LA WYERS ASSISTANCE PROGRAM HELPING LA WYERS FIND PERSONAL SOLUTIONS NOW.
Assists lawyers and judges, their colleagues and families, struggling with the effects of Alcohol & Drug Abuse or Addiction Depression & Other Mental Health Issues Physical Disabilities Aging Issues Confidential Phone 501.907.2529 Confidential Email harbergails@alltel.net Website http://www.arlap.org Vol. 38 No. YSurnmer 2003
The Arkansas lawyer
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