Judicial Ethics Opinion 1998-2

Oklahoma Judicial Ethics Advisory Panel

Judicial Ethics Opinion 1998-2

1998 OK JUD ETH 2, 86 P.3d 649, 1998 WL 34202420

CourtOklahoma Judicial Ethics Advisory Panel

DecidedMarch 26, 1998

DocketNo. 1998-2

StatusPublished

This text of 1998 OK JUD ETH 2 (Judicial Ethics Opinion 1998-2) is published on Counsel Stack Legal Research, covering Oklahoma Judicial Ethics Advisory Panel primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Judicial Ethics Opinion 1998-2, 1998 OK JUD ETH 2, 86 P.3d 649, 1998 WL 34202420 (Okla. Super. Ct. 1998).

Pincite

Opinion

QUESTION: Should a judge recuse in a divorce case where the certified public accountant, who has prepared the judge’s tax returns for several years, has been hired by the defendant to evaluate and testify as to the value of the plaintiffs business?

ANSWER: This particular question is fact specific and we are unable to answer in a general broad statement. However, it is our opinion that the Judge must disclose the relationship to the attorneys and to the litigants and if asked to recuse, must do so. The Judge must not let the relationship influence his decision nor appear to influence his decision. Further, if there is a reasonable appearance of bias or prejudice, or if the circumstances cast doubt of impartiality to the public, the Judge should recuse.

/s/ Robert L. Bailey, Chairman

/s/ Robert A. Layden, Vice Chairman

/s/ Milton C. Craig, Secretary

Free access — add to your briefcase to read the full text and ask questions with AI

QUESTION: Should a judge recuse in a divorce case where the certified public accountant, who has prepared the judge’s tax returns for several years, has been hired by the defendant to evaluate and testify as to the value of the plaintiffs business?

ANSWER: This particular question is fact specific and we are unable to answer in a general broad statement. However, it is our opinion that the Judge must disclose the relationship to the attorneys and to the litigants and if asked to recuse, must do so. The Judge must not let the relationship influence his decision nor appear to influence his decision. Further, if there is a reasonable appearance of bias or prejudice, or if the circumstances cast doubt of impartiality to the public, the Judge should recuse.

/s/ Robert L. Bailey, Chairman

/s/ Robert A. Layden, Vice Chairman

/s/ Milton C. Craig, Secretary

Cite This Page — Counsel Stack

Bluebook (online)

1998 OK JUD ETH 2, 86 P.3d 649, 1998 WL 34202420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/judicial-ethics-opinion-1998-2-oklajeap-1998.