In re Judicial Ethics Op. 2020-1

• Decision Date: 26 May 2020
• Docket Number: 2020-1
• Citation: 481 P.3d 909
• Parties: JUDICIAL ETHICS OPINION 2020-1
• Court: Oklahoma Judicial Ethics Advisory Panel

481 P.3d 909

JUDICIAL ETHICS OPINION 2020-1

2020-1

Judicial Ethics Advisory Panel of Oklahoma.

May 26, 2020

¶1. FACTS

A friend of the Judge has recently passed away. That friend has named the Judge to serve as one of three trustees for a charitable foundation. All of the friend's assets will be liquidated as part of the probate of the friend's estate. The funds would then be placed into the charitable foundation. The trustees' fees will be based on a percentage of the assets. The Judge assumes that the trustees will review applications for monetary support from various other charitable organizations and then issue the distribution of funds accordingly. A checking account has already been opened in the name of the foundation but there have not been any further actions taken on behalf of the foundation. The issues arose when the Judge was filing this year's Ethics Report.

¶2. QUESTION # 1

Is the Judge allowed to act as a trustee for the foundation?

¶3. QUESTION #2

Is extrajudicial income subject to the financial disclosure requirements of the Oklahoma Ethics Commission?

¶4. ANSWER TO QUESTION # 1

No

¶5. ANSWER TO QUESTION # 2

Yes

¶6. AUTHORITIES

All citations are from the Code of Judicial Conduct, Title 5, Oklahoma Statutes, Chapter 1, App. 4.

Canon 3: A Judge shall conduct the Judge's personal and extrajudicial activities to minimize the risks of conflict with the obligations of judicial office.

RULE 3.1 Extrajudicial Activities in General

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

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

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

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

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

(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

[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, even when the activities do not involve the law. See Rule 3.7

[2] Participation in both law-related and other extrajudicial activities helps integrate

481 P.3d 911

judges into their communities, and furthers public understanding of and respect for courts and the judicial system.

[3] omitted

[4] omitted

RULE 3.7 Participation in Educational, Religious, Charitable, Fraternal, or Civic Organizations and Activities

(A) Subject to the requirements of Rule 3.1, a judge may participate in activities sponsored by organizations or governmental entities concerned with the law, the legal system, or the administration of justice, and those sponsored by or on behalf of educational, religious, charitable, fraternal, or civic organizations not conducted for profit, including but not limited to the following activities:

(1) assisting such an organization or entity in planning related to fund-raising, and participating in the management and investment of the organization's or entity's funds;

(2) soliciting contributions for such an organization or entity, but only from members of the judge's family, members of the judge's household or from judges over whom the judge does not exercise supervisory or appellate authority;

...