Judicial Ethics Opinion 2011–4., 2011–4.

• Decision Date: 19 August 2011
• Docket Number: No. 2011–4.,2011–4.
• Citation: 261 P.3d 1187,2011 OK JUD ETH 4
• Parties: JUDICIAL ETHICS OPINION 2011–4.
• Court: Oklahoma Supreme Court

261 P.3d 1187
2011 OK JUD ETH 4

JUDICIAL ETHICS OPINION 2011–4.

No. 2011–4.

Oklahoma Judicial Ethics Advisory Panel.

Aug. 19, 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 Questions: 1. May a sitting judge serve on the Board of Directors of a not-for-profit educational (university) foundation?

¶ 2 Answers: Yes, with certain conditions and restrictions.

¶ 3 Discussion: Canon 3 of the Oklahoma Code of Judicial Conduct “Extra Judicial Activities in General” in Rule 3.1 provides:

¶ 4 “A judge may engage in extrajudicial activities, except as prohibited by law or this Code. However, when engaging in extrajudicial activities, a judge shall not:

¶ 5 (A) participate in activities that will interfere with the proper performance of the judge's judicial duties:

¶ 6 (B) participate in activities that will lead to frequent disqualification of the judge;

¶ 7 (C) participate in activities that would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality;

¶ 8 (D) engage in conduct that would appear to a reasonable person to be coercive; or

¶ 9 (E) make use of court premises, staff, stationery, equipment, or other resources, except for incidental use for activities that concern the law, the legal system, or the administration of justice, or unless such additional use is permitted by law. This Rule is also subject to the exceptions provided for in Rule 4.1A(10) and 4.1C.

Comment on Rule 3.1 states:

¶ 10 [1] To the extent that time permits, and judicial independence and impartiality are not compromised, judges are encouraged to engage in appropriate extrajudicial activities that concern the law, the legal system, and the administration of justice, such as by speaking, writing, teaching, or participating in scholarly research projects. In addition, judges are permitted and encouraged to engage in educational, religious, charitable, fraternal or civic extrajudicial activities not conducted for profit,...