Can a lawyer who serves as a county judge keep practicing law, and what limits apply?

Plain-English summary

The inquiry asked to what extent the Canons of Ethics and the statutes limit the practice of a member of the State Bar who is also a county judge.

The committee answered that the question is governed by Article 319 of the Revised Civil Statutes and Articles 402 and 403 of the Penal Code, which in effect leave a county judge free to practice law within the limitations those statutes set. It cited Shoope v. State and Clarich v. State. The committee noted that the question is not expressly covered in the Canons of Ethics, but that Section 2 of Article XIII of the State Bar Rules provides the Canons "shall be cumulative of all laws of the State of Texas relating to the professional conduct of lawyers and to the practice of law." The vote was 7-0.

Currency note

This opinion was issued in 1948, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. The statutes the committee relied on have since been recodified, and the limits on a sitting judge practicing law are now governed by the Texas Constitution, statute, and the Code of Judicial Conduct; the general modern analog is Rule 3.10 of the Model Code of Judicial Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Did the Canons answer whether a county judge could practice law?

A: Not directly. The committee said the question is not expressly covered in the Canons, and answered it from the statutes instead, noting the Canons are cumulative of Texas laws on the practice of law.

Q: What set the limits on the county judge's practice?

A: Texas statutes. The committee pointed to Article 319 of the Revised Civil Statutes and Articles 402 and 403 of the Penal Code as defining the limitations within which a county judge may practice.

Background and rules framework

The opinion turns on Texas statutes rather than a specific Canon: Article 319 of the Revised Civil Statutes and Articles 402 and 403 of the Penal Code, read together with Section 2 of Article XIII of the State Bar Rules, which makes the Canons cumulative of state law. The modern analog on the judicial side is Rule 3.10 of the Model Code of Judicial Conduct, which restricts the practice of law by a sitting judge.

Citations and references

Rules of Professional Conduct:

• Model Code of Judicial Conduct Rule 3.10 (practice of law by a judge), as the modern analog

Statutes:

• Article 319, Revised Civil Statutes (Texas)
• Articles 402 and 403, Penal Code (Texas)
• Section 2, Article XIII, State Bar Rules (Canons cumulative of state law)

Cases:

• Shoope v. State, 38 S.W.2d 793 (cited on a county judge's authority to practice)
• Clarich v. State, 129 S.W.2d 291 (cited on a county judge's authority to practice)

See also

• TX Ethics Op. 16: A Justice of the Peace in Private Criminal Practice
• TX Ethics Op. 45: A County Judge Representing Clients in Justice Court

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-13/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_13.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION PRESENTED

To what extent do the Canons of Ethics and Statutes limit the practice of a member of the State Bar who is also a county judge?

18 Baylor L. Rev. 199 (1966)

JUDGE ACTING AS ATTORNEY - EMPLOYMENT
A county judge may practice law within the statutory limitations. Although the question is not covered in the Canons, Sec. 2 provides that they "Shall be cumulative of all laws of the State of Texas relating to the professional conduct of lawyers and to the practice of law."

The foregoing question is answered by Art. 319 of the Revised Civil Statutes and by Articles 402 and 403 of the Penal Code, which in effect, provide that a county judge is free to practice law within the limitations set out in the foregoing Statutes. In this connection see Shoope vs. State 38 SW 2d 793, 5 and Clarich vs. State, 129 SW 2d 291, 2. Such question is not expressly covered in the Canons of Ethics, but Section 2 of Article XIII, State Bar Rules, provides that same "shall be cumulative of all laws of the State of Texas relating to the professional conduct of lawyers and to the practice of law." (7-0)

Tex. Comm. On Professional Ethics, Op. 13 (1948)