JUDICIAL ETHICS OPINION 2019 v. << (2019)

¶1. FACTS

A member of a sitting judge's immediate family works for an entity that, through a public state university, publishes training manuals for firefighters, emergency medical technicians and others. The manuals are used in training that is required for various certifications. The family member will be working on a book for fire investigations that includes a section on testifying in court. The editors have asked if they could take staged pictures of the judge on the bench to use in the book, and specifically in the chapter on testifying in court. The judge would not be paid for appearing in the staged pictures or for the use of those pictures in the book or in manuals. The pictures would also likely be added to the entity's stock photos for use in the future.

¶2. QUESTION

Is a judge prohibited by the Code of Judicial Conduct from appearing in the staged pictures and allowing the pictures to be used in publications by the entity?

¶3. ANSWER

The judge is not prohibited from the proposed activity, and is allowed to appear in the staged pictures to be used as described.

¶4. AUTHORITIES

5 O.S. Rule 1.2 (OSCN 2019), Appendix 4 -- Code of Judicial Conduct. Rule 1.2 Promoting Confidence in the Judiciary.

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.

Comment (6). A judge is permitted and encouraged to initiate and participate in community outreach activities for the purpose of promoting public understanding of and confidence in the administration of justice. In conducting such activities, the judge must act in a manner consistent with this Code of Judicial Conduct.

5 O.S. Rule 1.3 (OSCN 2019), Appendix 4 -- Code of Judicial Conduct. Rule 1.3 Avoiding Abuse of the Prestige of the Judicial Office

A judge shall not abuse the prestige of judicial office to advance the personal or economic interests of the judge or others, or allow others to do so.

5 O.S. Rule 3.1 (OSCN 2019), Appendix 4 -- Code of Judicial Conduct. Rule 3.1 Extrajudicial Activities in General.

(E)[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.

¶5. DISCUSSION

After reviewing the factual considerations presented and applying the applicable code sections cited, this panel finds that the Judge should be allowed to have the staged pictures taken and used for the purposes described in the inquiry. We recommend that the Judge consider requiring advance notice before the staged pictures are used in future publications so that the circumstances and proposed use of the pictures can be reviewed accordingly at that time.

/s/Honorable Edward C. Cunningham, Chairman

/s/Honorable Bill Hetherington

/s/Honorable Tom Landrith

/s/Honorable Allen McCall

/s/Honorable April Sellers White