Judicial Ethics Opinion 2000-3

Oklahoma Judicial Ethics Advisory Panel

Judicial Ethics Opinion 2000-3

2000 OK JUD ETH 3, 10 P.3d 897, 2000 Okla. LEXIS 109

CourtOklahoma Judicial Ethics Advisory Panel

DecidedAugust 8, 2000

StatusPublished

This text of 2000 OK JUD ETH 3 (Judicial Ethics Opinion 2000-3) 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 2000-3, 2000 OK JUD ETH 3, 10 P.3d 897, 2000 Okla. LEXIS 109 (Okla. Super. Ct. 2000).

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Opinion

T0 QUESTION 1: May a member of the Oklahoma Bar Association who is also a periodic part-time judge who acts on a "fill-in" basis for no compensation in a municipality, act as attorney of record for a council member of that municipality in an election contest alleging irregularities filed in District Court?

11 WE ANSWER: YES.

12 CODE PROVISIONS:

Application of the Code of Judicial Conduct

D. Periodic Part-Time Judge. A periodic part-time judge is a municipal judge who serves on a continuing or periodic basis but is permitted by law to devote time to some other profession or cccupation and whose compensation for that reason is less than that of a full-time judge.

(1) A periodic part-time judge is not required to comply ... (b) at any time, with sections ... 4G....

Canon 4G: A judge shall not practice law.

13 It is clear that the Canons make a distinction for part-time judges since they ordinarily would need other income for their livelihood. It is noted that the part-time judge involved in this question fills in without compensation. Obviously it would be almost impossible to find qualified attorneys to fill in as judges if they were prohibited from prac[898]*898ticing law; this would of course, deprive the municipal court of a valuable asset.

[ 4 We should point out that subparagraph 2 of paragraph D of Application of the Code of Judicial Conduct provides that the periodic part-time judge shall not practice law in the Court on which the judge serves and should not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto. In the question submitted to the panel, the judge is representing a client in District Court. The irregularities in an election contest never come up in municipal court.

5 /s/ Robert L. Bailey ROBERT L. BAILEY, Chairman

T6 /s/ Robert A. Layden ROBERT A. LAYDEN, Vice-Chairman

T7 /s/ Milton C. Craig MILTON C. CRAIG, Secretary

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T0 QUESTION 1: May a member of the Oklahoma Bar Association who is also a periodic part-time judge who acts on a "fill-in" basis for no compensation in a municipality, act as attorney of record for a council member of that municipality in an election contest alleging irregularities filed in District Court?

11 WE ANSWER: YES.

12 CODE PROVISIONS:

Application of the Code of Judicial Conduct

D. Periodic Part-Time Judge. A periodic part-time judge is a municipal judge who serves on a continuing or periodic basis but is permitted by law to devote time to some other profession or cccupation and whose compensation for that reason is less than that of a full-time judge.

(1) A periodic part-time judge is not required to comply ... (b) at any time, with sections ... 4G....

Canon 4G: A judge shall not practice law.

13 It is clear that the Canons make a distinction for part-time judges since they ordinarily would need other income for their livelihood. It is noted that the part-time judge involved in this question fills in without compensation. Obviously it would be almost impossible to find qualified attorneys to fill in as judges if they were prohibited from prac[898]*898ticing law; this would of course, deprive the municipal court of a valuable asset.

[ 4 We should point out that subparagraph 2 of paragraph D of Application of the Code of Judicial Conduct provides that the periodic part-time judge shall not practice law in the Court on which the judge serves and should not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto. In the question submitted to the panel, the judge is representing a client in District Court. The irregularities in an election contest never come up in municipal court.

5 /s/ Robert L. Bailey ROBERT L. BAILEY, Chairman

T6 /s/ Robert A. Layden ROBERT A. LAYDEN, Vice-Chairman

T7 /s/ Milton C. Craig MILTON C. CRAIG, Secretary

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2000 OK JUD ETH 3, 10 P.3d 897, 2000 Okla. LEXIS 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/judicial-ethics-opinion-2000-3-oklajeap-2000.