JUDICIAL ETHICS OPINION 2010-5.

• Decision Date: 10 August 2010
• Docket Number: No. 2010-5.,2010-5.
• Citation: 2010 OK JUD ETH 5,239 P.3d 222
• Parties: JUDICIAL ETHICS OPINION 2010-5.
• Court: Oklahoma Supreme Court

239 P.3d 222

2010 OK JUD ETH 5

JUDICIAL ETHICS OPINION 2010-5.

No. 2010-5.

The Opinions of the Oklahoma Judicial Ethics Advisory Panel

Aug. 10, 2010.

NOTICE: The Opinions of the Oklahoma Judicial Ethics Advisory Panel are advisory only. Reliance upon an advisory opinion by a judge or candidate for judicial office may be considered by the Council on Judicial Complaints in its disposition of complaints and whether to recommend to the statutorily authorized person or entity discipline of a judge or judicial candidate. The advisory opinion shall not be binding on the Council on Judicial Complaints or Court on the Judiciary in the exercise of their judicial discipline responsibilities.Oklahoma Judicial Ethics Advisory Panel.

JUDICIAL ETHICS ADVISORY PANEL

¶ 1 Questions: As a judicial candidate I have received the following questions from a local newspaper together with the information that the answers of all candidates will be published prior to the primary election; which, if any of these questions, may I answer and be in compliance with the Code of Judicial Conduct?

1. What is your opinion of deferred sentencing and when would you take that action?

2. Why are we seeing more and more suspended sentences, and what are your general thoughts on suspended and reduced sentences?

3. When do you think it is appropriate for a judge to hear a case in chambers rather than in open court?

4. Describe the judicial philosophy you intend to follow in dealing with juvenile crime offenders?

5. Have you ever been sued by a client? If yes, explain.

6. Have disciplinary actions been taken against you upon a complaint by the Oklahoma Bar Association? Are any proceedings now pending? If yes to either question, explain.

7. Have you ever been cited or sanctioned for a breach of ethics or unprofessional conduct by any court or administrative agency? If yes, explain.

8. Have you been involved as a litigant in any civil litigation within the last ten years? If yes, explain.

9. Do you have health issues that the voters should know about?

10. Why are you running for this job and why should I vote for you?

¶ 2 Answers: Question 1: Yes, with restrictions.

Question 2: Yes, assuming the validity of the question, with restrictions.

Question 3: Yes, with restrictions.

Question 4: No, other than that you will follow the law.

Question 5 through 9: These questions do not deal with matters addressed in the Code of Judicial Conduct.

Question 10: Yes, with restrictions.

¶ 3 Discussion: The Code of Judicial Conduct is designed to insure the independence and impartiality of the judiciary, and public confidence in the perception and reality thereof. First, we note that the provisions of the code apply to judicial candidates as well as to sitting judges.

¶ 4 Canons 3 and 5 of the Oklahoma Code of Judicial Conduct do not restrict a judicial candidate from announcing his or her views on a particular legal issue but do prohibit the candidate from making pledges or promises as to how the candidate may rule on any case which may come before him or her as a judge, other than a pledge to follow the law. For example, a promise...