Judicial Ethics Opinion 2011–2., 2011–2.

• Citation: 261 P.3d 1184,2011 OK JUD ETH 2
• Decision Date: 20 May 2011
• Docket Number: No. 2011–2.,2011–2.
• Parties: JUDICIAL ETHICS OPINION 2011–2.
• Court: Supreme Court of Oklahoma

261 P.3d 1184
2011 OK JUD ETH 2

JUDICIAL ETHICS OPINION 2011–2.

No. 2011–2.

Oklahoma Judicial Ethics Advisory Panel.

May 20, 2011.

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.

JUDICIAL ETHICS ADVISORY PANEL

¶ 1 Question: May a Judge serve as an Attorney in Fact, due to an appointment in a Durable Power of Attorney, for a relative?

¶ 2 Facts: 1. Judge's spouse's relative appointed Judge's spouse as Attorney in Fact and Judge as Alternate in Durable Power of Attorney.

¶ 3 2. Relative is now medically incapacitated. (Judge's spouse is only living relative of Principal.)

¶ 4 3. Judge is assisting spouse in dealing with medical issues and Nursing Home.

¶ 5 Discussion: 1. Canon 3–Rule 3.8(A) of Oklahoma Code of Judicial Conduct: “Appointment to Fiduciary Position” provides:

“A judge shall not accept appointment to serve in a fiduciary position, such as executor, administrator, trustee, guardian, attorney in fact, or other personal representative, except for the estate, trust, or person of a member of the judge's family, or a member of the judge's household and then only if such service will not interfere with the proper performance of judicial duties.”

¶ 6 2. Terminology defines:

“Member of the judge's family” means a spouse, child, grandchild, parent, grandparent, or other relative or person with whom the judge maintains a close familial relationship.”

[261 P.3d 1185]

¶ 7 Answer: Yes, only if such service will not interfere with the proper performance of judicial duties.

/s/ Milton C. Craig, Chairman

/s/ Robert E. Lavender, Vice–Chairman

/s/ Vicki L. Robertson, Secretary