QUESTION: May a master appointed to conduct probable cause hearings in mental commitment cases on an "as needed" basis appear as an attorney on unrelated matters in the probate court for which he serves as a master?

ANSWER: No. Canon 6D(2) specifically suggests that a part-time master of a probate court should not practice law in the court which he serves as long as his appointment is in effect. Although the master would conduct the probable cause hearings only on an "as needed" basis, he is considered a part-time master for purposes of Canon 6D(2) because Canon 8B(18) defines "part-time" to include service on a periodic basis.

See Opinion Number 79 (1985) for related issue. All references herein are to the Texas Code of Judicial Conduct, effective March 1, 1994.