February 16, 1994
The Honorable John A. Crain
Municipal Judge
Mowuain Home Municipal Coun
720 Hickory
Mowuain Home, AR 72653
RE: Advisory Opinion 94-02
Dear Judge Crain:
In your request for an advisory opinion dated January 21, 1994 you stated that a member of your local bar has indicated that he is considering running against you in the next election for Municipal Judge. You inquired as to whether you should disqualify yourself in all cases wherein this person aas as an attorney, should he in faa announce his candidacy. You stated that you felt you should recuse “so as not to even appear to be favorable or disfavor-able to this attorney.” We agree.
Canon 3 E (1) of the new Arkansas Code of Judicial Conduct provides, “A judge shall disqualify himself or herself in a proceeding in which the judge’s impanialiry might reasonably be questioned …. ” Judicial ethics advisory opinions on this subjea vary, however we.find the weight of the opinions and the preferable view to be that when an artorney is opposing a presiding judge for reelection, the judge should disqualify himself or herself in all cases in which the artorney appears before that judge. This is better for the judge, the opponent and the judicial system.
We thank you for your request and we trust this has been responsive to your needs. Please feel free to inquire funher should the need arise.
Very truly yours,
Edwin Alderson – 1 for the Committee
