261 P.3d 1184 (Okla.Jud.Eth. 2011), 2011-2, In re Judicial Ethics Opinion 2011-2

Docket Nº:2011-2.
Citation:261 P.3d 1184, 2011 OK JUD ETH 2
Party Name:JUDICIAL ETHICS OPINION 2011-2.
Case Date:May 20, 2011
Court:Oklahoma Judicial Ethics Advisory Panel
 
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Page 1184

261 P.3d 1184 (Okla.Jud.Eth. 2011)

2011 OK JUD ETH 2

JUDICIAL ETHICS OPINION 2011-2.

No. 2011-2.

Oklahoma Judicial Ethics Advisory Panel.

May 20, 2011

Editorial Note:

The Opinions of the Ethics Advisory Panel are advisory only and can be relied by the Council on Judicial Complaints while recommending discipline of a Judge or a Judicial Candidate and not binding on the Council or Courts 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."

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