OPINION NO. 234
DOCKET NO. 01-80

The Judicial Qualifications Commission has been asked for an Advisory Opinion as to whether a non-sworn employee of a city police department, who only performs clerical duties and does not perform any duties of an police officer, can serve as a Magistrate judge in another county.

In Opinion Number 101, the Commission concluded that any employee of a law enforcement body is disqualified by conflict of interest from serving as a Magistrate.

In the facts presented in this Opinion the Commission concludes that the mere fact that the employee works for a law enforcement body in a county different from the county in which they would serve as a Magistrate judge will not change the fact that a conflict of interest would exist and therefore the employee would be unable to also serve as a Magistrate.

This 26th day of June, 2001
JUDICIAL QUALIFICATIONS COMMISSION
By: Jerry B. Blackstock, Chair