JUVENILE DIVISION

IN THE MATTER OF STEVEN JONES,

A JUVENILE NO. J-90-16

AMICUS CURIAE BRIEF OF MONTICELLO MUNICIPAL JUDGE

Comes now William R. Daniels, and for his "Amicus Curiae Brief" herein, states as follows:

1. That William R. Daniels is the duly elected Municipal Judge of the Municipal Court of Monticello, Drew County, Arkansas.

2. That on October 15, 1990, this Court did enter an Order allowing for the filing of Amicus Curiae Briefs herein relative to the "Motion for Relief as Appointed Counsel" heretofore filed by Gibbs Ferguson, McGehee Municipal Judge, on October 1, 1990.

3. That Municipal Judges in the State of Arkansas are all required to be attorneys, and as such, are subject not only to the Code of Professional Responsibility, but are also subject to the Code of Judicial Conduct.

4. That the Code of Judicial Conduct provides that a Judge should observe high standards of conduct and protect the integrity and independence of the judiciary (Canon 1); and, that a judge should conduct himself at all times in a manner that promotes public confidence in the integrity of the judiciary (Canon 2).

5. That Canons 4 and 5 of the Code of Judicial Conduct contain provisions instructing judges to refrain from such business or financial dealings or public appearances as would adversely reflect on the judge's impartiality or appearance of impartiality.

6. That Canon 7 of the Code of Judicial Conduct provides that a part time judge is a judge who serves on a continuing or periodic basis that is permitted by law to devote time to some other profession or occupation and his compensation is less than that of a full time judge; a part time judge is not required to comply with certain provisions of the Code of Judicial Conduct, namely, a part time judge may continue to practice law while a full time judge may not.

7. That except for minor exceptions provided in Canon 7 of the Code of Judicial Conduct, all the provisions of the Code of Judicial Conduct are applicable to part time judges to the same extent as they are to full time judges.

8. That in the course of performing duties as a municipal judge, the municipal judge is required to be fair and impartial in determining the credibility of witnesses who are often law enforcement personnel, and is charged with maintaining the proper order and respect in the judicial process, which includes supervisory responsibility over officers of the court which would include the prosecuting attorneys who appear before said judge; to require a municipal judge to accept appointment as appointed counsel in a circuit court proceeding, or in this case of bar, a juvenile court proceeding in front of the Circuit-Chancery Court, would in effect require a municipal judge to zealously engage in an adversial relationship with the very personnel over whom he exercises his judicial authority in his court room, and to cross-examine, impeach, and test the credibility of witnesses who can be expected to regularly testify in criminal or traffic proceedings in Municipal Court; for these reasons, it is my opinion that a Municipal Judge has a duty as a member of the judiciary of the State of Arkansas to refrain from engaging in the practice of criminal law in any court in the State of Arkansas due to the various provisions of the Code of Judicial Conduct which have been cited hereinabove, as well as to the provisions of the Code of Judicial responsibility. The avoidence of the appearance of any impropriety, or of impugning the integrity of the judiciary, should be the primary considerations in resolving this issue.

RESPECTFULLY SUBMITTED,

________________________

William R. Daniels

Municipal Judge

Monticello Municipal Court