JUDICIAL ETHICS OPINION 2019 v. << (2019)

¶1. QUESTION

The question presented to the Advisory panel asks for an Advisory Opinion from a duly elected Associate District Judge who desires to accept an opportunity to teach a spring semester class at Rogers State University. The area of study would concentrate on state and local government and the judicial process. The Judge would serve as an adjunct professor and be paid by another state agency.

¶2. ANSWER

While our Advisory answer is No consistent with this Opinion, we view this question as ultimately a chain of command issue. Facts and circumstances can vary. Should a Judge in this situation choose to pursue the teaching position after consideration of this Opinion, the Judge must make written request and receive permission from his or her Chief Judge and Presiding Judge, with the ultimate authority for permission that of the Chief Justice of the Supreme Court.

¶3. DISCUSSION

RULE 3.1

Extrajudicial Activities in General

A judge may engage in extrajudicial activities, except as prohibited by law or this Code. However, when engaging in extrajudicial activities, a judge shall not:

(A) participate in activities that will interfere with the proper performance of the judge's judicial duties:

(B) participate in activities that will lead to frequent disqualification of the judge;

(C) participate in activities that would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality;

(D) engage in conduct that would appear to a reasonable person to be coercive; or

(E) make use of court premises, staff, stationery, equipment, or other resources, except for incidental use for activities that concern the law, the legal system, or the administration of justice, or unless such additional use is permitted by law. This Rule is also subject to the exceptions provided for in Rule 4.1A(10) and 4.1C.COMMENT

[1] To the extent that time permits, and judicial independence and impartiality are not compromised, judges are encouraged to engage in appropriate extrajudicial activities that concern the law, the legal system, and the administration of justice, such as by speaking, writing, teaching (Emphasis Added), or participating in scholarly research projects. In addition, judges are permitted and encouraged to engage in educational, religious, charitable, fraternal or civic extrajudicial activities not conducted for profit, even when the activities do not involve the law. See Rule 3.7.

RULE 3.12

Compensation for Extrajudicial Activities

The compensation for extrajudicial activities of a judge is controlled and regulated by the Rules of the Ethics Commission or other applicable law. If a judge is permitted to accept extrajudicial compensation under those rules the judge should refrain from accepting such compensation if it would appear to a reasonable person to undermine the judge's independence, integrity or impartiality (Emphasis Added). (See Rules of Ethics Commission 20-1-9(h)).

COMMENT

[1] A judge may only accept compensation as provided by the Rules of the Ethics Commission or other applicable law. Any compensation that is permitted must be reasonable and commensurate with the task performed. A judge should be mindful, however, that judicial duties must take precedence over other activities. See Rule 2.1.

[2] Compensation derived from extrajudicial activities is subject to public reporting under the Rules of the Ethics Commission.

Oklahoma Constitution

Article 7 — Judicial Department

Section 11 — Salaries and Expenses — Retirement

(b) No Justices or Judges, except those of Municipal Courts, shall engage in the practice of law nor hold any other office or position of profit under the United States or this State or any municipal corporation or political subdivision of this State, nor shall hold office in any political party. Provided that the Judges of the Court on the Judiciary, the Court of Tax Review and the Court of Bank Review and the Judges of any other such Special Courts may serve in such capacities in addition to their other judicial office. Compensation for service in the National Guard or the armed forces of the United States for such periods of time as may be determined by rules of the Supreme Court shall not be deemed “profit”.

Issue 1. The University is in this Associate District Judge's district and could lead to conflicts and disqualification involving any litigation that would normally be assigned to her involving the University or anyone she works with or for.

Issue 2. Prior Advisory Opinions such as Advisory Opinion 2015-3, have allowed an elected Judicial officer to accept a paid teaching position, however, all have been at a private institution not located in the Judge's judicial district.

This allows an elected Judge who is paid by the State to teach and be paid from an entity that is not a State institution, free from potential case assignment conflict and violation of the two master rule. Here, the Judge would be paid through and work for an institution in another branch of State government and, is exposed to possible case assignment conflict.

/s/ Honorable Edward C. Cunningham, Chairman

/s/ Honorable Bill Hetherington

/s/ Honorable Tom Landrith

/s/ Honorable Allen McCall

/s/ Honorable April Sellers White