Is a juvenile referee a part-time judge? 2. Is a bastardy referee, as defin ed in Ark. Stat. Ann. Section 34-701.1, a part time judge? Pursuant to the C ode of Judicial Conduct, Canon 7, a referee is considered to be a judge. The refore, the juvenile referee and bastardy referee are considered t

" STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL —— 201 EAST MARKHAM STREET . STEVE CLARK HERITAGE WEST BUILDING ) ATTORNEY GENERAL "LITTLE ROCK, ARKANSAS 72201 ge 7 AMY opinion No. 86-100 August 18, 1987 Mr. Joe O'Bryan Attorney at Law P.O. Box 687 Cabot, AR 72023 Dear Mr. O'Bryan: This unofficial opinion is written in response to your following questions: 1. Is a juvenile referee a part-time judge? 2. Is a bastardy referee, as defined by Ark. Stat. Ann. §34-701.1, a part-time judge? Pursuant to the Code of Judicial Conduct, Canon 7, a referee is considered to be a judge. Anyone, whether or not a lawyer, who is an officer of a judicial system performing judicial functions, including an officer such as a referee in bankruptcy, special master, court commissioner, or magistrate, is a judge for the purpose of the Code. Therefore, the juvenile referee and bastardy referee are considered to be judges. The determination as to whether an individual is considered to be a part-time judge will depend on the facts in each case. Pursuant to the Per Curiam Opinion of the Arkansas Supreme Court, October 25, 1982 (82-114), the following three requirements determine the classification. 1. Does the individual serve on a continuing or periodic basis? and (501) 371-2007 Me: Joe O' Biyan Opinion. No. 86-100. August 18, 1987 Page 2 2. Is this individual permitted by law to devote time: to some other profession or occupation? and... 3. Is the compensation less, than that of a full-time judge? Therefore, if the above criteria is met, he or she would be considered to be a part-time judge. The Attorney General is authorized to render formal and official opinions to officers and departments of the State government only. Necessarily, therefore, the foregoing is not to be considered a formal opinion of the -Attorney General but is an informal and unofficial expression of view given with the desire to be helpful to you. Dy g Hef ae Assistant Attorney General JMLidc