Legal Question in Admiralty Law in Florida

According to the u.s. constitution can a judge be a bar attorney?

Asked on 9/10/09, 9:29 pm

3 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

The U.S. Constitution does not create rules for attorneys or the judiciary. The US constitution in Article III establishes the Judicial branch of the government.

States each have their own court system, rules of the courts, and rules regulating attorneys and judges. Additionally, there are federal rules and state rules, which apply depending upon which court you are in.

You posted your question in Admiralty law which is its own unique animal having to do with the laws and procedures for issues arising on water (versus on land). I don't see how that would tie into you Constitutional question.

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Answered on 9/11/09, 12:53 am
David Slater David P. Slater, Esq.

If you mean can a judge also practice as an attorney, the answer is generally no. Some lower courts, with part time judges are an exception.

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Answered on 9/11/09, 8:35 am
Robert Gardana Robert L. Gardana, PA

Article III of the United States Constitution provides:

The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

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Answered on 9/11/09, 10:25 pm

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