JUDICIAL ETHICS OPINION 2026 v. << (2026)

¶1. QUESTIONS

A judicial candidate has requested an opinion on two issues. First, may a judicial candidate use campaign signs or materials which read simply “John Doe for Judge”, or must those signs and materials be more specific to include the full description of the judicial office sought? Second, may a judicial candidate use the word “conservative “to describe himself or herself in campaign materials or in public appearances or speeches?

¶2. ANSWERS

Campaign signs or materials which read simply “Jane Doe for Judge” are permitted and do not violate the Code of Judicial Conduct in Oklahoma.

As to the second question, a judicial candidate may not use the word “conservative “to describe himself or herself in campaign materials or in public campaign appearances or speeches. This is a violation of the Code of Judicial Conduct, and is contrary to Title 20 O.S. § 1404.1.3.

¶3. AUTHORITIES

Canon 4 Rule 4.1 and 4.2; Title 20 O.S. § 1404(6) and § 1404.1.3.

¶4. DISCUSSION

No prohibition exists under the Code of Judicial Conduct which prevents representation of the office sought in a judicial election as simply “Judge”. However, a judicial candidate's campaign materials must strictly comply with Canon 4. Rule 4.1 (A)(11), which states that a judicial candidate shall not:

“knowingly, or with reckless disregard for the truth, make any false or misleading statement”.

Use of the word “Conservative “in campaign materials and speeches has been addressed by this Panel as far back as 1998. JEAP Opinion 98-10 is illustrative of the spirit and intent of the Oklahoma Code of Judicial Conduct, even though the opinion was written under a previous version of the Code.

Paragraph 4 of that opinion states:

A judicial candidate must refrain from any statement expressing a philosophy, an attitude, any mental predisposition, that would create an impression of how a judicial candidate might decide cases. The spirit of the Canons are to insure that a judicial candidate makes no promise or pledge that would not be consistent with deciding cases on the law and facts presented in each particular case.

This panel also determined in JEAP 98-10 that reference to a judge as a “conservative”, in an article promoting a book, constitutes a violation.

Canon 4. Rule 4.1(A)(12) and (13) state as follows: A judicial candidate shall not (12) make any statements that would reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court; or (13) in connection with cases, controversies, or issues that are likely to come before the court, make pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office.

A more recent JEAP opinion, 2018-7, stressed the authority found at Title 20 O.S. § 1404(6). Grounds for removal of judicial officer include,

“A judicial officer, while serving as such officer or while a candidate for judicial office, making publicly known in his campaign material or speeches, or knowingly permitting others to make publicly known, either directly or by implication, his political party affiliation”

Title 20 O.S. § 1404.1.3. is specific to candidates for judicial office and reads as follows:

A person who is not a judicial officer but is a candidate for judicial office shall comply with the standards enumerated below, and any violation of these standards shall constitute grounds for the removal by the Court on the Judiciary of a person who is not a judicial officer elected to a judicial office with or without disqualification to hold a judicial office in the future.

3. While a candidate for judicial office, making publicly known in his campaign material or Speeches, or knowingly permitting others to make publicly known, either directly or by implication, his political party affiliation.

¶6. OPINION

Campaign signs or materials which read simply “Jane Doe for Judge” are permitted and do not violate the Code of Judicial Conduct in Oklahoma.

While it is not the function of this Panel to opine on violations of Oklahoma Statutes or discuss grounds for removal of a judicial officer, the above sections of Title 20 are relevant to the question of whether a judicial candidate can describe himself or herself as a conservative in speaking to potential voters or including the conservative label in campaign materials or signage. It is the opinion of the panel that use of the political description “Conservative “is prohibited in judicial elections by the Oklahoma Code of Judicial Conduct.

Dated this 12th day of May, 2026.

Honorable Patricia G. Parrish, Chair

Honorable William C. Hetherington

Honorable Richard Miller

Honorable Sheila Condren

Honorable Allen McCall

Citationizer© Summary of Documents Citing This Document

Cite Name Level None Found. Citationizer: Table of Authority Cite Name Level Title 20. Courts Cite Name Level 20 O.S. 1404, Additional Grounds for Removal of Judicial Officer Discussed at Length

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ALL PANEL MEMBERS CONCUR