In re Judicial Ethics Op. 2018-9, 2018-9

• Decision Date: 21 November 2018
• Docket Number: No. 2018-9,2018-9
• Parties: JUDICIAL ETHICS OPINION 2018-9
• Court: Oklahoma Judicial Ethics Advisory Panel

434 P.3d 18 (Mem)

JUDICIAL ETHICS OPINION 2018-9

No. 2018-9

Judicial Ethics Advisory Panel of Oklahoma.

NOVEMBER 21, 2018

¶1. FACTS

Associate District Judge-Elect will begin his term January 14, 2019. He is currently and has been for several years, a member of the Board of Commissioners for the Housing Authority of a Sovereign Tribal Nation. The Tribal Housing Authority was created by Oklahoma Statute and is exclusively federally funded. The Board is made up of five members with general oversight responsibilities. Judge-elect time requirements are minimal and he receives a per diem and expense check each month. He has enjoyed his service on the Trial Board and would like to continue after his judicial term begins.

¶2. QUESTION

Will the Associate District Judge-Elect continued participation on the Tribal Housing Board cause ethical concern?

¶3. ANSWER

Yes

¶4. DISCUSSION

Canon 3 Rule 3.4 states as follows:

"a judge should not accept appointments to governmental committees, boards, commissions or other governmental positions unless it is one that concerns the law, the legal system, or the administration of justice, or the Judge has the specific approval of the Supreme Court."

Associate District Judge-Elect would violate Canon 3, Rule 3.4 unless approval of the Supreme Court is obtained.

/s/ Honorable Edward C. Cunningham, Chairman

/s/ Honorable William C. Hetherington

/s/ Honorable Thomas Landrith

/s/ Honorable Allen McCall

/s/ Honorable April Sellers White