Judicial Ethics Opinion 2000-9

Oklahoma Judicial Ethics Advisory Panel

Judicial Ethics Opinion 2000-9

2000 OK JUD ETH 9, 73 P.3d 266, 2000 Okla. LEXIS 115, 2000 WL 33743088

CourtOklahoma Judicial Ethics Advisory Panel

DecidedNovember 14, 2000

DocketNo. 2000-9

StatusPublished

This text of 2000 OK JUD ETH 9 (Judicial Ethics Opinion 2000-9) 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 2000-9, 2000 OK JUD ETH 9, 73 P.3d 266, 2000 Okla. LEXIS 115, 2000 WL 33743088 (Okla. Super. Ct. 2000).

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Opinion

T0 QUESTION 1: May a judge accept appointment as a chairman or member of a board of an organization whose mission is to investigate incidents of child abuse and, where appropriate, aid in prosecution?

T1 SPECIFIC FACTS: The organization involved is a non-profit agency. The chairman of the organization would have the duty of presiding at meetings, signing checks, contracts, etc., on behalf of the organization. The position would not involve solicitation of funds. The organization is involved in the reporting, investigation and prosecution of child abuse and, among other things, coordinating various agencies including the sheriff's office, police departments, and district attorney's office. The employees of the organization seldom testify in Court (perhaps two times a year) and at times juveniles who have been counseled by the organization appear on the judge's juvenile docket.

12 WE ANSWER: - NO.

T8 Canon 4A: "Extra-Judicial Activities in General. A judge should conduct all of the judge's extra-judicial activities so that they do not:

(1) cast reasonable doubt on the judge's capacity to act impartially as a judge...."

T4 Canon 4C(B)(a): - "A judge should not serve as an officer, director, trustee or nonlegal advisor if it is likely that the organization:

i. will be engaged in proceedings that would ordinarily come before the judge, or

will be engaged frequently in adversary proceedings in the court of which the judge is a member...."

T5 The organization described is an organization where ordinarily a judge may serve [267]*267as an officer, director, trustee or non-legal advisor since it is devoted to the improvement of the law and the administration of justice. However, under the clear wording of its mission, it is an organization that will frequently be engaged in proceedings that would ordinarily come before the judge or will be engaged frequently in adversary proceedings in the court of which the judge is a member.

T6 Canon 4C(3) is silent as to whether a judge may be a member of such an organization. Because this organization is involved in investigating and prosecuting child abuse and neglect, we believe such membership by a judge would violate the spirit of Canon 4.

T7 Robert L. Bailey, Chairman.

T 8 Robert A. Layden, Vice-Chairman.

T9 Milton C. Craig, Secretary.

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T0 QUESTION 1: May a judge accept appointment as a chairman or member of a board of an organization whose mission is to investigate incidents of child abuse and, where appropriate, aid in prosecution?

T1 SPECIFIC FACTS: The organization involved is a non-profit agency. The chairman of the organization would have the duty of presiding at meetings, signing checks, contracts, etc., on behalf of the organization. The position would not involve solicitation of funds. The organization is involved in the reporting, investigation and prosecution of child abuse and, among other things, coordinating various agencies including the sheriff's office, police departments, and district attorney's office. The employees of the organization seldom testify in Court (perhaps two times a year) and at times juveniles who have been counseled by the organization appear on the judge's juvenile docket.

12 WE ANSWER: - NO.

T8 Canon 4A: "Extra-Judicial Activities in General. A judge should conduct all of the judge's extra-judicial activities so that they do not:

(1) cast reasonable doubt on the judge's capacity to act impartially as a judge...."

T4 Canon 4C(B)(a): - "A judge should not serve as an officer, director, trustee or nonlegal advisor if it is likely that the organization:

i. will be engaged in proceedings that would ordinarily come before the judge, or

will be engaged frequently in adversary proceedings in the court of which the judge is a member...."

T5 The organization described is an organization where ordinarily a judge may serve [267]*267as an officer, director, trustee or non-legal advisor since it is devoted to the improvement of the law and the administration of justice. However, under the clear wording of its mission, it is an organization that will frequently be engaged in proceedings that would ordinarily come before the judge or will be engaged frequently in adversary proceedings in the court of which the judge is a member.

T6 Canon 4C(3) is silent as to whether a judge may be a member of such an organization. Because this organization is involved in investigating and prosecuting child abuse and neglect, we believe such membership by a judge would violate the spirit of Canon 4.

T7 Robert L. Bailey, Chairman.

T 8 Robert A. Layden, Vice-Chairman.

T9 Milton C. Craig, Secretary.

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Bluebook (online)

2000 OK JUD ETH 9, 73 P.3d 266, 2000 Okla. LEXIS 115, 2000 WL 33743088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/judicial-ethics-opinion-2000-9-oklajeap-2000.