452 P.3d 446 (Okla.Jud.Eth. 2019), 2019-2, Judicial Ethics Opinion 2019-2

Docket Nº:2019-2
Citation:452 P.3d 446, 2019 OK JUD ETH 2
Party Name:JUDICIAL ETHICS OPINION 2019-2
Judge Panel:Honorable Edward C. Cunningham, Chairman, Honorable Bill Hetherington, Honorable Tom Landrith, Honorable Allen McCall, Honorable April Sellers White.
Case Date:September 19, 2019
Court:Oklahoma Judicial Ethics Advisory Panel
 
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Page 446

452 P.3d 446 (Okla.Jud.Eth. 2019)

2019 OK JUD ETH 2

JUDICIAL ETHICS OPINION 2019-2

No. 2019-2

Judicial Ethics Advisory Panel of Oklahoma

September 19, 2019

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.

OPINION

[¶1]. FACTS

The judge was asked under Rule 15 of the Rules for the District Courts of Oklahoma by the elected District Attorney to recuse from handling all cases involving the State of Oklahoma because of campaign donations and a final ethics report which was pending /late.

[¶2]. QUESTION

Can a judge be asked under Rule 15 of the Rules for the District Courts of Oklahoma to recuse from all matters involving the State of Oklahoma?

[¶3]. ANSWER

Consistent with 2005 Oklahoma Judicial Ethics 2, "We decline to answer as the question is one of law and not of Judicial Ethics and thus outside the purview of the authority vested in this body by the Oklahoma Supreme...

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