In re Judicial Ethics Op. 2023-2

• Docket Number: 2023-2
• Decision Date: 15 February 2023
• Citation: 530 P.3d 483
• Parties: JUDICIAL ETHICS OPINION 2023-2
• Court: Oklahoma Judicial Ethics Advisory Panel

530 P.3d 483 (Mem)

JUDICIAL ETHICS OPINION 2023-2

No. 2023-2

Judicial Ethics Advisory Panel of Oklahoma.

February 15, 2023

¶1FACTS:

An Oklahoma public high school has been designated as a "Law and Public Safety" Academy in order to promote educational awareness and interest in areas of law and public safety to high school students, as well as to provide opportunities to high school students within the various fields of law and public safety through work-based learning experiences and networking with professionals in these fields.The Academy is composed of board members consisting of leaders from the various fields from law and public safety (such as police officers, firefighters, lawyers, etc.) in order to assist in the aims of the academy.A judge has been asked to serve on this board.The board is advisory only and has no governing control over the high school.

¶2QUESTION:

Is it permissible and/or appropriate for a judge to participate and serve on the board?

¶3ADVISORY ANSWER TO QUESTION:

Yes, with some limitations.

¶4AUTHORITIES:

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

Canon 1: A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.

RULE 1.2

Promoting Confidence in the Judiciary

A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and avoid impropriety and the appearance of impropriety.

Comment:

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[6] A judge is permitted and encouraged to initiate and participate in community outreach activities for the purpose of promoting public understanding of and confidence in the administration of justice.In conducting such activities, the judge must act in a manner consistent with this Code.(Emphasis added).

Canon 3: A Judge Shall Conduct the Judge's Personal and Extrajudicial Activities to Minimize the Risk of Conflict with the Obligations of Judicial Office

RULE 3.4

Appointments to Governmental Positions

A judge shall not accept appointment to a governmental committee, board, commission, or other governmental position, 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.

COMMENT

[1]Rule 3.4 implicitly acknowledges the value of judges accepting appointments to entities that concern the law, the legal system, or the administration of justice.Even in such instances, however, a judge should

assess the appropriateness of accepting an appointment, paying particular attention to the subject matter of the appointment and the availability and allocation of judicial resources, including the judge's time commitments, and giving due regard to the requirements of the independence and impartiality of the judiciary.

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;

(3) soliciting membership for such an organization or entity, even though the membership dues or fees generated may be used to support the objectives of the organization or entity, but only if the organization or entity is concerned with the law, the legal system, or the administration of justice;

(4) appearing or speaking at, receiving an award or other recognition at, being featured on the program of, and permitting his or her title to be used in connection with an event of such an organization or entity, but if the event serves a fund-raising purpose, the judge may participate only if the event concerns the law, the legal system, or the administration of justice;

(5) making recommendations to such a public or private fund-granting organization or entity in connection with its programs and activities, but only if the organization or entity is concerned with the law, the legal system, or the administration of justice; and

(6) serving as an officer, director, trustee, or nonlegal advisor of such an organization or entity, unless it is likely that the organization or entity:

(a) will be engaged in proceedings that would ordinarily come before the judge; or

(b) will frequently be engaged in adversary proceedings in the court of which the judge is a member, or in any court subject to the appellate jurisdiction of the court of which the judge is a member.

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(C) Subject to the requirements of Rule 3.1andRule 3.7(A) and (B), a judge may:

(1) Provide leadership in:

(a) Identifying and addressing issues involving providing equal access to the justice system;

(b) Developing public education programs;

(c) Engaging in community outreach activities to promote the fair administration of justice; and

(d) Convening, participating or assisting in advisory committees and community collaborations devoted to the improvement of the law, the legal system, the provision of services and/or the administration of justice.

(2) A judge may endorse projects and programs directly related to the law, the legal system, the provision of services and/or the administration of justice.

(3) A judge may...