Request By:
Honorable Laurence T. Gordon
Attorney at Law
P.O. Box 547
Madisonville, Kentucky 42431
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Your problem was stated as follows:
"I would like to have your opinion as to whether or not the office of Master Commissioner of a Circuit Court would be incompatible with the new office of District Judge of the same county in which the Circuit Court is located."
A master commissioner is neither a state nor county officer. He is merely an agent or assistant of the circuit court.
Shannon v. Ray, 280 Ky. 31, 132 S.W.2d 545 (1939) 547. The district judge is a state officer, since he is a part of the state court of justice. See §§ 109 and 113, Kentucky Constitution.
Section 123 of the Kentucky Constitution reads:
"During his term of office, no justice of the Supreme Court or judge of the Court of Appeals, Circuit Court or District Court shall engage in the practice of law, or run for elective office other than judicial office, or hold any office in a political party or organization."
H.B. 32 [Ch. 28, Section 1(5), 1976 Extraordinary Session] makes the district court a court of continuous session. This was practically logical especially since the police court, quarterly court and justice court will be supplanted by the district court. Thus the constitution and the statutes [KRS Ch. 24A] clearly establish the district court as a full time job. Inherent in this situation is the overpowering idea that a district judge will have no time for moonlighting. The salary for a district judge will be $27,500, payable out of the state treasury.
We find no express constitutional or statutory sections establishing a proscribed incompatibility in this situation. Cf. § 165, Constitution and KRS 61.080. Further, the literal language of § 123, Constitution, does not reach the master commissioner's office, which is merely appointive.
However, there is an obvious common law incompatibility between these two functions. A common law incompatibility arises when, from the multiplicity of business in them, the two functions cannot be performed with care and ability.
Hermann v. Lampe, 175 Ky. 109, 194 S.W. 122 (1917) 126.
In view of the fact that the district judge must be available at all times to issue civil or criminal process and the fact that his is a court of continuous session, it is our opinion that a person cannot carry on the work of a district judge and a master commissioner at the same time. This is a practical or common law incompatibility.
In addition, since the master commissioner is appointed by the circuit court of the district and since the commissioner is merely an agent or assistant of the circuit court, the nature of such relationship to the circuit court precludes a district judge from entering into such a relationship [master commissioner] on the grounds of public policy. A district judge is required to be independent and objective in his judicial approach. Being so closely connected with the local circuit judge would militate against such independence and objectivity, we think.
Finally, Article 24 of the Canons of Judicial Ethics provides that "a judge shall not accept inconsistent duties; nor incur obligations, pecuniary or otherwise, which will in any way interfere or appear to interfere with his devotion to the expeditious and proper administration of his official functions."