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CODE
OF JUDICIAL CONDUCT
Our
legal system is based on the principal that an independent,
fair and competent judiciary will interpret and apply the
laws that govern us. The role of the judiciary is central
to American concepts of justice and the rule of law.
Intrinsic to all sections of this code of judicial conduct
are all the precepts that judges, individually and
collectively, must respect and honor the judicial office as
a public trust and strive to enhance and maintain confidence
in our legal system.
The
judge is an arbiter of facts and law for the resolution of
disputes and a highly visible symbol of government under the
rule of law. The Code of Judicial Conduct is not intended
as an exhaustive guide for the conduct of judges. They
should also be governed in their judicial and personal
conduct by general ethical standards. The code is intended,
however, to state basic standards which should govern the
conduct of all judges and to provide guidance to assist
judges in establishing and maintaining high standards of
judicial and personal conduct.
CANON
1 -
UPHOLDING THE INTEGRITY AND
INDEPENDENCE OF THE JUDICIARY
An
independent and honorable judiciary is indispensable to
justice in our society. A judge should participate in
establishing, maintaining, and enforcing high standards of
conduct, and should personally observe those standards of
conduct so that the integrity and independence of the
judiciary is preserved. The provisions of this Code are to
be construed and applied to further that objective.
CANON
2 - AVOIDING IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY
IN ALL OF THE JUDGE’S ACTIVITIES
A.
A judge shall comply with the law and should
act at all times in a manner that promotes public confidence
in the integrity and impartiality of the judiciary.
B.
A judge shall not allow any relationship to
influence judicial conduct or judgment. A judge should not
lend the prestige of judicial office to advance the private
interests of the judge or others; nor shall a judge convey
or permit others to convey the impression that they are in
special position to influence the judge. A judge should not
testify voluntarily as a character witness.
C.
A judge shall not knowingly hold membership
in any organization that practices discrimination prohibited
by law.
CANON
3 – PERFORMING THE DUTIES OFJUDICIAL OFFICE IMPARTIALLY AND
DILIGENTLY
A.
Judicial Duties in General
The
judicial duties of a judge take precedence over all the
judge’s other activities. Judicial duties include all the
duties of the judge’s office prescribed by law. In the
performance of these duties the following standards apply.
B.
Adjudicative Responsibilities
1.
A judge shall hear and decide matters
assigned to the judge except those in which disqualification
is required or recusal is appropriate.
2.
A judge should be faithful to the law and
shall maintain professional competence in it. A judge shall
not be swayed by partisan interests, public clamor, or fear
of criticism.
3.
A judge shall require order and decorum in
proceedings before the judge.
4.
A judge shall be patient, dignified, and
courteous to litigants, jurors, witnesses, lawyers, and
others with whom the judge deals in an official capacity,
and should require similar conduct of lawyers, and of staff,
court officials, and others subject to the judge’s direction
and control.
5.
A judge shall perform judicial duties without
bias or prejudice.
6.
A judge shall not, in the performance of
judicial duties, by words or conduct manifest bias or
prejudice, including but not limited to bias or prejudice
based upon race, sex, religion, national origin, disability,
age, sexual orientation, or socioeconomic status, and shall
not knowingly permit staff, court officials, and others
subject to the judge’s direction and control to do so.
7.
A judge shall require lawyers in proceedings
before the court to refrain from manifesting, by words or
conduct, bias or prejudice based on race, sex, religion,
national origin, disability, age, sexual orientation, or
socioeconomic status against parties, witnesses, counsel, or
others. This requirement does not preclude legitimate
advocacy when any of these factors is an issue in the
proceeding.
8.
A judge shall accord to every person who has
a legal interest in a proceeding, or that person’s lawyer,
the right to be heard according to law. A judge shall not
initiate, permit, or consider ex parte communications
or other communications made to the judge outside the
presence of the parties between the judge and a party, an
attorney, a guardian or attorney ad litem, an
alternative dispute resolution neutral, or any other court
appointee concerning the merits of a pending or impending
judicial proceeding. A judge shall require compliance with
this subsection by court personnel subject the judge’s
direction and control. This subsection does not prohibit:
(a)
Communications concerning uncontested
administrative or uncontested procedural matters;
(b)
Conferring separately with the parties and/or
their lawyers in an effort to mediate or settle matters,
provided, however, that the judge shall first give notice to
all parties and not thereafter hear any contested matters
between the parties except with the consent of all parties;
(c)
Obtaining the advice of disinterested expert
on the law applicable to a proceeding before the judge if
the judge gives notice to the parties of the person
consulted and the substance of the advice, and affords the
parties reasonable opportunity to respond;
(d)
Consulting with other judges or with court
personnel;
(e)
Considering an ex parte communication
expressly authorized by law.
9.
A judge should dispose of all judicial
matters promptly, efficiently and fairly.
10.
A judge shall abstain from public comment
about a pending or impending proceeding which may come
before the judge’s court in a manner which suggests to a
reasonable person the judge’s probable decision on any
particular case. The judge shall require similar abstention
on the part of court personnel subject to the judge’s
direction and control. This section does not prohibit
judges from making public statements in the course of their
official duties or from explaining for public information
the procedures of the court. This section does not apply to
proceedings in which the judge or judicial candidate is a
litigant in a personal capacity.
11.
A judge shall not disclose or use, for any
purpose unrelated to judicial duties, nonpublic information
acquired in a judicial capacity. The discussions, votes,
positions taken, and writings of appellate judges and court
personnel about causes are confidences of the court and
shall be revealed only through a court’s judgment, a written
opinion, or in accordance with Supreme Court guidelines for
a court approved history project.
C.
Administrative Responsibilities
1.
A judge shall diligently and promptly
discharge the judge’s administrative responsibilities
without bias or prejudice and maintain professional
competence in judicial administration, and should cooperate
with other judges and court officials in the administration
of court business.
2.
A judge should require staff, court
officials, and others subject to the judge’s direction and
control to observe the standards of fidelity and diligence
that apply to the judge and to refrain from manifesting bias
or prejudice in the performance of their official duties.
3.
A judge with supervisory authority for the
judicial performance of other judges should take reasonable
measures to assure the prompt disposition of matters before
them and the proper performance of their other judicial
responsibilities.
4.
A judge shall not make unnecessary
appointments. A judge shall exercise the power of
appointment impartially and on the basis of merit. A judge
shall avoid nepotism and favoritism. A judge shall not
approve compensation of appointees beyond the fair value of
services rendered.
5.
A judge shall not fail to comply with Rule 12
of the Rules of Judicial Administration, knowing that the
failure to comply is in violation of the rule.
D.
Disciplinary Responsibilities
1.
A judge who receives information clearly
establishing that another judge has committed a violation of
this Code should take appropriate action. A judge having
knowledge that another judge has committed a violation of
this Code that raises a substantial question as to the other
judge’s fitness for office shall inform the State Commission
on Judicial Conduct or take other appropriate action.
2.
A judge who receives information clearly
establishing that a lawyer has committed violation of the
Texas Disciplinary Rules of Professional Conduct should take
appropriate action. A judge having knowledge that a lawyer
has committed a violation of the Texas Disciplinary Rules of
Professional Conduct that raises a substantial question as
to the lawyer’s honesty, trustworthiness or fitness as a
lawyer in the other respects shall inform the Office of the
General Counsel of the State Bar of Texas or take other
appropriate action.
CANON
4 - CONDUCTING THE JUDGE’S EXTRA-JUDICIAL ACTIVITIES TO
MINIMIZE THE RISK OF CONFLICT WITH JUDICIAL OBLIGATIONS
A.
Extra-Judicial Activities in General
A
judge shall conduct all of the judge’s extra-judicial
activities so that they do not:
(1)
cast reasonable doubt on the judge’s capacity to act
impartially as a judge; or
(2)
interfere with the proper performance of judicial duties.
B. Activities to
Improve the Law
A
judge may:
1)
speak, write, lecture, teach and participate
in extra-judicial activities concerning the law, the legal
system, the administration of justice and non-legal
subjects, subjected to the requirements of this Code; and
2)
serve as a member, officer, or director of an
organization or governmental agency devoted to the
improvement of the law, the legal system, or the
administration of justice. A judge may assist such an
organization in raising funds and may participate in their
management and investment, but should not personally
participate in public fund raising activities. He or she
may make recommendations to public and private fund-granting
agencies on projects and programs concerning the law, the
legal system, and the administration of justice.
C.
Civic and Charitable Activities
A
judge may participate in civic and charitable activities
that do not reflect adversely upon the judge’s impartiality
or interfere with the performance of judicial duties. A
judge may serve as an officer, director, trustee, or
non-legal advisory of an educational, religious, charitable,
fraternal, or civic organization not conducted for the
profit of its members, subject to the following limitations:
(1)
a judge should not serve if it is likely that the
organization will be engaged in proceedings that would
ordinarily come before the judge or will be regularly or
frequently engaged in adversary proceedings in any court.
(2)
a judge shall not solicit funds for any educational,
religious, charitable, fraternal or civic organization, but
may be listed as an officer, director, delegate, or trustee
of such an organization, and may be a speaker or guest of
honor at an organization’s fund raising events.
(3)
a judge should not give investment advice to such an
organization, but may serve on its board of directors or
trustees even through it has the responsibility for
approving investment decisions.
D. Financial
activities
(1)
A judge shall refrain from financial and
business dealings that tend to reflect adversely on the
judge’s impartiality, interfere with the proper performance
of the judicial duties, exploit his or her judicial
position, or involve the judge in frequent transactions with
lawyers or persons likely to come before the court on which
the judge serves. This limitation does not prohibit either
a judge or candidate from soliciting funds for appropriate
campaign or officeholder expenses as permitted by state law.
(2)
Subject to the requirements of subsection
(1), a judge may hold and manage investments, including real
estate, and engage in other remunerative activity including
the operation of a business. A judge shall not be an
officer, director or manager of a publicly owned business.
For purposes of this canon, a “publicly owned business” is a
business having more than ten owners who are not related to
the judge by consanguinity or affinity within the third
degree of relationship.
(3)
A judge should manage any investments and
other economic interests to minimize the number of cases in
which the judge is disqualified. As soon as the judge can
do so without serious detriment, the judge should divest
himself or herself of investments and other economic
interests that might require frequent disqualification. A
judge shall be informed about the judge’s personal and
fiduciary economic interests, and make reasonable a effort
to be informed about the personal economic interests of any
family member residing in the judge’s household.
(4)
Neither a judge nor a family member residing
in the judge’s household shall accept a gift, bequest,
favor, or loan from anyone except as follows:
(a)
A judge may accept a gift incident to a
public testimonial to the judge; books and other resource
materials supplied by publishers on complimentary basis for
official use; or an invitation to the judge and spouse to
attend a bar-related function or activity devoted to the
improvement of the law, the legal system, or the
administration of justice;
(b)
A judge or a family member residing in the
judge’s household may accept ordinary social hospitality;
give, bequest, favor, or loan from a relative; a gift from a
friend for a special occasion such as a wedding engagement,
anniversary, or birthday, if the gift is fairly commensurate
with the occasion and the relationship; a loan from a
lending institution in its regular course of business on the
same terms generally available to persons who are not
judges; or a scholarship or fellowship awarded on the same
terms applied to other applicants;
(c)
A judge or a family member residing in the
judge’s household may accept any other gift, bequest, favor,
or loan only if the donor is not party or person whose
interests have come or are likely to come before the judge;
(d)
A gift, award, or benefit incident to the
business, profession or other separate activity of a spouse
or other family member residing in the judge’s household,
(including gifts, awards, and benefits for the use of both
the spouse or other family member and the judge as spouse or
family member), provided the gift award, or benefit could
not reasonably be perceived as intended to influence the
judge in the performance of judicial duties.
E. Fiduciary
activities
1.
A judge shall not serve as executor,
administrator, or other personal representative, trustee,
guardian, attorney in fact or other fiduciary, except for
the estate, trust or person of a member of the judge’s
family, and then only if such service will not interfere
with the proper performance of judicial duties.
2.
A judge shall not serve as a fiduciary if it
is likely that the judge as a fiduciary will be engaged in
proceedings that would ordinarily come before the judge, or
if the estate, trust, or ward becomes involved in adversary
proceedings in the court on which the judge serves or one
under its appellate jurisdiction.
3.
The same restrictions on financial activities
that apply to a judge personally also apply to the judge
while acting in a fiduciary capacity.
F. Service as
arbitrator or mediator
An
active full-time judge shall not act as an arbitrator or
mediator for compensation outside the judicial system, but a
judge may encourage settlement in the performance of
official duties.
G. Practice of Law
A
judge shall not practice law except as permitted by statute
or this Code. Notwithstanding this prohibition, a judge may
act pro se and may, without compensation, give legal
advice to and draft or review documents for a member of the
judge’s family.
H. Extra-Judicial
Appointments
Except as otherwise provided by constitution and statute, a
judge should not accept appointment to a governmental
committee, commission, or other position that is concerned
with issues of fact or policy on matters other than the
improvement of the law, the legal system, or the
administration of justice. A judge, however, may represent
his or her country, state, or locality on ceremonial
occasions or in connection with historical, educational, and
cultural activities.
I. Compensation,
Reimbursement and Reporting
(1)
Compensation and Reimbursement.
A judge may receive compensation and reimbursement of
expenses for the extra-judicial activities permitted by this
Code, if the source of such payments does not give the
appearance of influencing the judge’s performance of
judicial duties or otherwise give the appearance of
impropriety.
a.
Compensation shall not exceed a reasonable
amount nor shall it exceed what a person who is not a judge
would receive for the same activity.
b.
Expense reimbursement shall be limited to the
actual cost of travel, food, and lodging reasonably incurred
by the judge and, where appropriate to the occasion, by the
judge’s family. Any payment in excess of such an amount is
compensation.
(2)
Public reports. A judge shall file financial
and other reports as required by law.
CANON 5 - REFRAINING
FROM INAPPROPRIATE POLITICAL ACTIVITY
(1)
A judge or judicial candidate shall not make
statements that indicated an opinion on any issue that may
be subject to judicial interpretation by the office which is
being sought or held, except that discussion of an
individual’s judicial philosophy is appropriate if conducted
in a manner which does not suggest to a reasonable person a
probable decision on any particular case.
(2)
A judge or judicial candidate shall not:
(i)
make pledges or promises of conduct in office regarding
judicial duties other than the faithful and impartial
performance of the duties of the office, but may state a
position regarding the conduct of administrative duties;
(ii)
knowingly or recklessly misrepresent the identity,
qualifications, present position, or other fact concerning
the candidate or an opponent.
(3)
A judge or judicial candidate shall not
authorize the public use of his or her name endorsing
another candidate for any public office, except that either
may indicate support for political party. A judge or
judicial candidate may attend political events and express
his or her views on political matters in accord with this
Canon and Canon 3B(10).
(4)
A judge shall resign from judicial office
upon becoming a candidate in a contested election for a
non-judicial office either in a primary or in a general or
in a special election. A judge may continue to hold
judicial office while being a candidate for election to or
serving as a delegate in a state constitutional convention
or while being a candidate for election to any judicial
office.
CANON 6 – COMPLIANCE
WITH THE CODE OF JUDICIAL CONDUCT
A.
The following persons shall comply with all provisions of
this Code:
(1)
An active, full-time justice or judge of one of the
following court:
(a)
the Supreme Court,
(b)
the Court of Criminal Appeals,
(c)
court of appeals,
(d)
district courts,
(e)
criminal districts courts, and
(f)
statutory county courts.
(2)
A full-time commissioner, master, magistrate, or referee of
a court listed in Canon 6A(1) above.
B. A County Judge who performs judicial functions shall
comply with all provisions of this Code, except the judge is
not required to comply:
(1)
when engaged in duties which relate to the judge’s role in
the administration of the county;
(2)
with Canons 4D(2), 4D(3), or 4H;
(3)
with Canon 4G, except practicing law in the court on which
he or she serves or in any court subject to the appellate
jurisdiction of the county court, or acting as a lawyer in a
proceeding in which he or she has served as a judge or in
any proceeding related thereto;
(4)
with Canon 5(4).
C. Justices of the
Peace and Municipal Court Judges
(1)
A justice of the peace or municipal court
judge shall comply with all provisions of this Code, except
the judge is not required to comply:
(a)
with Canon 3B(8) pertaining to ex parte
communications; in lieu thereof a justice of the peace or
municipal court judge shall comply with Canon 6C(2) below;
(b)
with Canons 4D(2), 4D(3), 4E, or 4H
(c)
with Canon 4F, unless the court on which the judge serves
may have jurisdiction of the matter or parties involved in
the arbitration or mediation; or
(d)
if an attorney, with Canon 4G, except practicing law in the
court on which he or she serves, or acting as a lawyer in a
proceeding in which he or she has served as a judge or in
any proceeding related thereto;
(e)
with Canon 5(4).
(2)
A justice of the peace or municipal court
judge, except as authorized by law, shall not directly or
indirectly initiate, permit nor consider ex parte or
other communications concerning the merits of a pending
judicial proceeding. This subsection does not prohibit
communications concerning:
(a)
uncontested administrative matters;
(b)
uncontested procedural matters;
(c)
magistrate duties and functions;
(d)
determining where jurisdiction of an impending claim or
dispute may lie;
(e)
determining whether a claim or dispute might more
appropriately be resolved in some other judicial or
non-judicial forum;
(f)
mitigating circumstances following a plea of nolo
contendere or guilty for fine-only offense; or
(g)
any other matters where ex parte communications are
contemplated or authorized by law.
D. A part-time commissioner, master, magistrate, or referee
of a court listed in Canon 6A(1) above:
(1)
shall comply with all provisions of this
Code, except he or she is not required to comply with Canons
4D(2), 4E, 4F, 4G, or 4H, and;
(2)
should not practice law in the court which he
or she services or in any court subject to the appellate
jurisdiction of the court which he or she serves, or act as
a lawyer in a proceeding in which he or she has served as a
commissioner, master, magistrate, or referee, or in any
other proceeding related thereto.
E. A judge pro tempore, while acting as such:
(1)
shall comply with all provisions of this Code
applicable to the court on which he or she is serving,
except he or she is not required to comply with Canons
4D(2), 4D(3), 4E, 4F, 4G, or 4H, and;
(2)
after serving as a judge pro tempore, should
not act as a lawyer in a proceeding in which he or she has
served as a judge or in any other proceeding related
thereto.
F. A Senior Judge, or a former district judge or a retired
or former statutory county court judge who has consented to
be subject to assignment as a judicial officer:
(1)
shall comply with all the provisions of this
Code except he or she is not required to comply with Canons
4D(2), 4E, 4F, 4G, or 4H, but;
(2)
should refrain from judicial service during
the period of an extra-judicial appointment not permitted by
Canon 4H.
G. Candidates for
Judicial Office
(1)
Any person seeking elective judicial office
listed in Canon 6A(1) shall be subject to the same standards
of Canon 5 that are required of members of the judiciary.
(2)
Any judge who violates this Code shall be
subject to sanctions by the State Commission on Judicial
Conduct.
(3)
Any lawyer who is a candidate seeking
judicial office who violates Canon 5 or other relevant
provisions of this Code is subject to disciplinary action by
the State Bar of Texas.
(4)
The conduct of any other candidate for
elective judicial office, not subject to paragraphs (2) and
(3) of this section, who violates Canon 5 or other relevant
provisions of the Code is subject to review by the Secretary
of State, the Attorney General, or the local District
Attorney for appropriate action.
H. Attorneys
Any
lawyer who contributes to the violation of Canons 3B(7),
3B(10), 4D(4), 5, or 6C(2), or other relevant provisions of
this Code, is subject to disciplinary action by the State
Bar of Texas.
CANON 7 – EFFECTIVE DATE OF COMPLIANCE
A
person to who this Code becomes applicable should arrange
his or her affairs as soon as reasonably possible to comply
with it.
CANON 8 – CONSTRUCTION AND TERMINOLOGY OF THE CODE
A.
Construction
The
Code of Judicial Conduct is intended to establish basic
standards for ethical conduct of judges. It consists of
specific rules set forth in Sections under broad captions
called Canons. The Sections are rules of reason, which
should be applied consistent with constitutional
requirements, statues, other court rules and decision law,
and in the context of all relevant circumstances. The Code
is to be construed so as not to impinge on the essential
independence of judges in making judicial decisions.
The
Code is designed to provide guidance to judges and
candidates for judicial office and to provide a structure
for regulating conduct through the State Commission on
Judicial Conduct. It is not designed or intended as basis
for civil liability or criminal prosecution. Furthermore,
the purpose of the Code would be subverted if the Code were
invoked by lawyers for mere tactical advantage in a
proceeding.
It
is not intended, however, that every transgression will
result in disciplinary action. Whether disciplinary action
is appropriate, and the degree of discipline to be imposed,
should be determined through a reasonable and reasoned
application of the text and should depend on such factors as
the seriousness of the transgression, whether there is a
pattern of improper activity and the effect of the improper
activity on others or on the judicial system.
B. Terminology
(1)
“Shall” or “shall not” denotes binding
obligations the violation of which can result in
disciplinary action.
(2)
“Should” or “should not” relates to
aspirational goals and as a statement of what is or is not
appropriate conduct but not as a binding rule under which a
judge may be disciplined.
(3)
“May” denotes permissible discretion or,
depending on the context, refers to action that is not
covered by specific proscriptions.
(4)
“De minimis” denotes an insignificant
interest that could not raise reasonable question as to a
judge’s impartiality.
(5)
“Economic Interest” denotes ownership of a
more than de minimis legal or equitable interest, or
a relationship as officer, advisor, or other active
participant in the affairs of a party, except that:
a.
ownership of an interest is a mutual or
common investment fund that holds securities is not an
economic interest in such securities unless the judge
participates in the management of the fund or a proceeding
pending or impending before the judge could substantially
affect the value of the interest;
b.
service by a judge as an officer, director,
advisory, or other active participant, in an educational,
religious, charitable, fraternal, or civic organization or
service by a judge’s spouse, parent or child as an officer,
director, advisor or other active participant in any
organization does not create an economic interest in
securities held by that organization;
c.
a deposit in a financial institution, the
proprietary interest of a policy holder in a mutual
insurance company, of a depositor in a mutual savings
association or of a member in a credit union, or a similarly
proprietary interest, is not an economic interest in the
organization unless a proceeding pending or impending before
the judge could substantially affect the value of the
interest; and
d.
ownership of government securities is not an
economic interest in the issuer unless a proceeding pending
or impending before the judge could substantially affect the
value of securities.
(6)
”Fiduciary” includes such relationships as
executor, administrator, trustee, and guardian.
(7)
“Knowingly,” “knowledge,” “known,” or “knows”
denotes actual knowledge of the fact in question. A
person’s knowledge may be inferred from circumstance.
(8)
“Law” denotes court rules as well as
statutes, constitutional provisions and decisional law.
(9)
“Member” of the judge’s (or the candidate’s)
family denotes a spouse, child, grandchild, parent,
grandparent or other relative or person with whom the
candidate maintains a close familial relationship.
(10)
“Family member residing in the judge’s
household” means any relative of a judge by blood or
marriage, or a person treated by a judge as a member of the
judge’s family, who resides at the judge’s household.
(11)
“Require.” The rules prescribing that a
judge “require” certain conduct of others are, like all of
the rules in this Code, rules of reason. The use of the
term “require” in that context means a judge is to exercise
reasonable direction and control over the conduct of those
persons subject to the judge’s direction and control.
(12)
“Third Degree of Relationship.” The
following persons are relatives within the third degree of
relationship: great-grandparent, grandparent, parent, uncle,
aunt, brother, sister, child, grandchild, nephew or niece.
(13)
“Retired Judge” means a person who receives
from the Texas Judicial Retirement System, plan one or plan
two, an annuity based on service that was credited to the
system. (Secs. 831.001 and 836.001, V.T.C.A. Government
Code [Ch. 179, § 1m 71st Legislature (1989).]
(14)
“Senior Judge” means a retired appellate or
district judge who has consented to be subject to assignment
pursuant to § 75.001, Government Code. [Ch. 359, 69th
Legislature, Reg. Session (1985).
(15)
“Statutory County Court Judge” means the
judge of a county court created by the legislature under
Article V, § 1, of The Texas Constitution, including county
courts of law, statutory probate courts, county criminal
courts, county criminal courts of appeals, and county civil
courts of law. (§ 21.009 V.T.C.A. Government Code [Ch. 2, §
16.01(10), 71st Legislature (1989)]
(16)
“County Judge” means the judge of the county
court created in each county by Article V. § 15, of The
Texas Constitution. (§ 21.009, V.T.C.A. Government Code [Ch
2, § 16.01(18), 71st Legislature (1989)].
(17)
“Part-Time” means service on a continuing or
periodic basis, but with permission by law to devote time to
some other profession or occupation and for which the
compensation for that reason is less than that for full-time
service.
(18)
“Judge Pro Tempore” means a person who is
appointed to act temporarily as a judge.
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