Arkansas Legal Ethics
1.12 Rule 1.12 Former Judge or Arbitrator
1.12:100 Comparative Analysis of Arkansas Rule
- Primary Arkansas References: AR Rule 1.12
- Background References: ABA Model Rule 1.12, Other Jurisdictions
- Commentary:
1.12:101 Model Rule Comparison
The Arkansas Rule is the same as the Model Rule.
1.12:102 Model Code Comparison
The comparison accepted by the Arkansas Supreme Court is identical to the comparison in the Model Rules.
1.12:200 Former Judge or Arbitrator Representing Client in Same Matter
- Primary Arkansas References: AR Rule 1.12(a)
- Background References: ABA Model Rule 1.12(a), Other Jurisdictions
- Commentary: ABA/BNA — 91.4501
A former judge should not accept representation in connection with any matter in which he had "substantial responsibility" while serving as the judge. Pate v. Piney Sewer Improvement District No. 32, 15 Ark. App. 231, 691 S.W.2d 882 (1985) (judge had only performed a ministerial act).
1.12:300 Negotiating for Future Employment
- Primary Arkansas References: AR Rule 1.12(b)
- Background References: ABA Model Rule 1.12(b), Other Jurisdictions
- Commentary: ABA/BNA — 91:4001, ALI-LGL — 206, Wolfram — 8.10
Arkansas has no case law or authority on this topic.
1.12:400 Screening to Prevent Imputed Disqualification
- Primary Arkansas References: AR Rule 1.12(c)
- Background References: ABA Model Rule 1.12(c), Other Jurisdictions
- Commentary: ABA/BNA — 91:4501, ALI-LGL —— 203, 204, Wolfram — 7.6.4
Arkansas has no case law or authority on this topic.
1.12:500 Partisan Arbitrators Selected by Parties to Dispute
- Primary Arkansas References: AR Rule 1.12(d)
- Background References: ABA Model Rule 1.12(d), Other Jurisdictions
- Commentary: ABA/BNA — 51:1501
Arkansas has no case law or authority on this topic.