In re Judicial Ethics Op. 2022-2

• Docket Number: 2022-2
• Decision Date: 14 February 2023
• Citation: 531 P.3d 674 (Mem)
• Parties: JUDICIAL ETHICS OPINION 2022-2
• Court: Oklahoma Judicial Ethics Advisory Panel

531 P.3d 674 (Mem)

JUDICIAL ETHICS OPINION 2022-2

No. 2022-2

Judicial Ethics Advisory Panel of Oklahoma.

February 14, 2023

¶1.Question: May a sitting district court judge hold a position as Chair of the nominating committee for a local council of Boy Scouts of America?

¶2.Answer: Yes, under conditions and restrictions of the Code of Judicial Conduct.

¶3.Authorities: Relevant sections of Canon 3 of the Oklahoma Code of Judicial Conduct address the issues raised by this question.Rule 3.1 provides:

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)and4.1C.

¶4.Comment on Rule 3.1 provides additional guidance, stating

[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.SeeRule 3.7.(Emphasis added)

[2] Participation in both law-related and other extrajudicial activities helps integrate judges into their communities, and furthers public understanding of and respect for courts and the judicial system.

[3] Discriminatory actions and expressions of bias or prejudice by a judge, even outside the judge's official or judicial actions, are likely to appear to a reasonable person to call into question the judge's integrity and impartiality.

Examples include jokes or other remarks that demean individuals based upon their race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, or socioeconomic status.SeeRule 3.6.

[4] A judge's extrajudicial activities must not be conducted in connection or affiliation with an organization that practices invidious discrimination.

[5] While engaged in permitted extrajudicial activities, judges must not coerce others or take action that would reasonably be perceived as coercive.For example, depending upon the circumstances, a judge's solicitation of contributions or memberships for an organization, even as permitted by Rule 3.7(A), might create the risk that the person solicited would feel obligated to respond favorably, or would do so to curry favor with the judge."

¶5.Finally, Rule 3.7 specifies restrictions on "Participation in educational, religions, charitable or civic organizations and...