JUDICIAL ETHICS OPINION 2026 v. << (2026)

JUDICIAL ETHICS OPINION 2026-1

¶1. FACTS

A candidate for judicial office seeks guidance regarding the sale of his law office should he win his judicial race. Specifically, the candidate requests direction regarding the appropriateness of such a sale and the consequences thereof.

¶2. QUESTIONS

1. If the candidate's law practice is sold, does the candidate/judicial officer need to disclose this fact each time the attorney appears before him in court?

2. Must the judicial officer recuse from all cases handled by the attorney purchasing his law practice.

¶3. ANSWER TO QUESTIONS

1. Yes, with limitations.

2. No, with limitations.

¶4. DISCUSSION:

Question One: First, it is noted that the sale of law practices is governed by the Oklahoma Rules for Professional Conduct, Title 5, Ch.1. App. 3-A, Rule 1.17, and thus beyond the scope of this panel. This opinion, therefore, presumes the sale of this law practice has been appropriately accomplished according to the provisions of Rule 1.17.

Next, as discussed by the Panel in Judicial Ethics Opinion 2000 OK JUD ETH 8, 73 P.3d 265, there are no Canons under the Code of Judicial Conduct which prohibit the sale of law practices by a judicial candidate either before or after taking office, even if the buyer/lawyer would appear on unrelated cases in front of the seller/judge. As further discussed by the Panel, “the judge should make known to adverse counsel the business relationship between the judge and the attorney. Such a disclosure should be continued so long as there is a business relationship between the judge and the attorney and for so long as the judge's impartiality might reasonably be questioned.” Id.

Canon 1 of the Code of Judicial Conduct provides that “[a] judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.” As stated by the Panel in Judicial Ethics Opinion 2023-1, “This Cannon applies at any time throughout an elected Judge's term of office and, an elected Judge must adhere to Cannon 1 principals by using his or her best judgment to satisfy the duty to disclose.” 2023 OK JUD ETH 1, 531 P.3d 678. Therefore, the judge should disclose this business relationship for so long as the judge's impartiality might reasonably be questioned.

Question Two: Regarding disqualification, Rule 1.2 of the Code of Judicial Conduct provides, ‘[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.” Title 5, Ch.1, App. 4, Rule 1.2.

Further, Rule 2.11(A) states, “[a] judge shall disqualify himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned including but not limited to the following circumstances:

(1) The judge has a personal bias or prejudice concerning a party or a party's lawyer ․”

While the normal circumstance of a judge selling their law practice to an attorney appearing before the judge does not in and of itself require disqualification, if other factors, are present, the judge should do so, especially if the judge's impartiality might reasonably be questioned.

Dated this 14th day of January, 2026.

Honorable Patricia G. Parrish, Chair

Honorable William C. Hetherington

Honorable Allen McCall

Honorable Sheila A. Condren

ALL PANEL MEMBERS CONCUR