JUDICIAL ETHICS OPINION 2022 v. << (2023)

¶1. FACTS

The Judge and his family have been asked to appear on the television program Cold Case Files which focuses on true crime. The episode in which the Judge would appear focuses specifically on the 1986 murder of his mother.

¶2. QUESTION #1

May a sitting Administrative Law Judge (''Judge''), participate by giving interviews both on and off camera, in a television program that focuses on true crime, and specifically the 1986 murder of his mother?

¶3. QUESTION #2

If the answer to the first question is yes, can the Judge or his family receive compensation for the participation?

¶4. ANSWER TO QUESTIONS #1 and 2

Yes, with limitations.

¶15. AUTHORITIES

All citations are from the Code of Judicial Conduct, Title 5, Oklahoma Statutes, Chapter l, App.4.

Canon 1: A Judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.

RULE 1.3 Abuse of the Prestige of 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.

Canon 2: A Judge Shall Perform the Duties of Judicial Office Impartially, Competently, and Diligently.

RULE 2.1 Giving Precedence to the Duties of Judicial Office

The duties of judicial office, as prescribed by law, shall take precedence over all of a Judge's personal and extrajudicial activities.

Canon 3: A Judge shall conduct the Judge's personal and extrajudicial activities to minimize the risks of conflict with the obligations of judicial office.

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;

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

¶5. DISCUSSION

When reviewing the above cited portions of the Judicial Code of Conduct Canons and Rules, the advisory response of the Judicial Ethics Advisory Panel is that the Judge may participate in the television program, as long as the Judge does not appear in his judicial capacity and does not opine on the legal aspects of the case. Additionally, the Judge should be cautious to answer all questions in such a way as to not create the appearance of bias, or answer questions which may involve issues likely to come before the court.

The facts indicate the interview will focus on the Judge's personal life, specifically the murder of his mother. The trial of the matter has been concluded for years. The Judge has indicated he will not appear in his robes, nor in any courtroom settings, and it is assumed the interviews will be conducted on his own time. Any reference to his being a member of the judiciary will only be personal background information. We caution that it might be inappropriate to emphasize the Judge's vocation other than in a biographical manner. Judicial Ethics Opinion 2002-5, 2002 OK JUD ETH 5, 86 P.3d 667 (04/05/2002).

The Judge indicated he, as well as his sibling may be compensated for their time. Any fee should be a ‘'reasonable fee'' which is the amount that would ordinarily be paid to an interviewee who is not a Judge. The Judge may also accept a reasonable amount for travel or other expenses. Judicial Ethics Opinion 2000-2, 2001 OK JUD ETH 2, 73 P.3d 267 (03/30/2001).

The intent of the Canons is clear that a Judge may engage in extra-judicial activities, and may be paid for those activities as long as the integrity of the judiciary and the Judge is not compromised and the activity does not interfere with the Judges' judicial duties. Judicial Ethics Opinion 1999-4, 1999 OK JUD ETH 4, 86 P.3d 665 (11/16/1999).

Under this fact scenario, the Judge is sufficiently insulated from any possible appearance of impropriety or conflict, and we find no violation of the above quoted Canons or Rules for Judicial conduct and answer both Questions #1 and 2 in the affirmative.

Honorable William C. Hetherington, Chair

Honorable Glenn D. Adams

Honorable Allen McCall

Honorable Patricia G. Parrish

Honorable April Sellers White

ALL PANEL MEMBERS CONCUR