In re Judicial Ethics Op. 2020-2

• Citation: 480 P.3d 931
• Decision Date: 26 May 2020
• Docket Number: 2020-2
• Parties: JUDICIAL ETHICS OPINION 2020-2
• Court: Oklahoma Judicial Ethics Advisory Panel

480 P.3d 931

JUDICIAL ETHICS OPINION 2020-2

2020-2

Judicial Ethics Advisory Panel of Oklahoma.

May 26, 2020

¶1. QUESTION

The question presented to the Advisory panel asks for an Advisory Opinion from an active Court of Criminal Appeals Judge. The question is whether or not this Judge is permitted to serve on the Board of Directors of an LLC company in a non-voting capacity located in the Judge's city. The business is a financial technology/payments company and, the Judge's father holds the most shares in the company with the exception of one controlling shareholder. The company is a closely held private company owned by five shareholders.

¶2. ADVISORY ANSWER

Yes

¶3. DISCUSSION

This question involves consideration of the following two sections of our Code of Judicial Conduct:

480 P.3d 932

1. Code of Judicial Conduct, Chapter 1, Appendix 4, Rule 3.11 -- Financial, Business, or Remunerative Activities.

(A) A judge may hold and manage investments of the judge, members of the judge's family and members of the judge's household.

(B) A judge shall not serve as an officer, director, manager, general partner, advisor, or employee of any business entity except that a judge may manage or participate in:

(1) a business closely held by the judge, members of the judge's family or members of the judge's household; or

(2) a business entity primarily engaged in investment of the financial resources of the judge, members of the judge's family or members of the judge's household.

(C) A judge shall not engage in financial activities permitted under paragraphs (A) and (B) if they will:

(1) interfere with the proper performance of judicial duties;

(2) lead to frequent disqualification of the judge;

(3) involve the judge in frequent transactions or continuing business relationships with lawyers or other persons likely to come before the court on which the judge serves; or

(4) result in violation of

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