1998 OK JUD ETH 12•JUDICIAL ETHICS OPINION 1998-12
JUDICIAL ETHICS OPINION 1998-12
1998 OK JUD ETH 12Judicial Ethics Advisory PanelAug 14, 1998
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JUDICIAL ETHICS OPINION 1998-12
1998 OK JUD ETH 12
Decided: 08/14/1998
Oklahoma Judicial Ethics Advisory Panel
Cite as: 1998 OK JUD ETH 12, __ P.2d __
JUDICIAL ETHICS ADVISORY PANEL
Judicial Ethics Opinion 98-12
August 14, 1998
¶0 QUESTION: May a candidate for State judicial office, who is not a Judge of that particular office (for example: a sitting Municipal Judge, sitting Special Judge, or Associate Judge running for District Judge), use campaign literature referring to him/herself as "Judge," as in "elect Judge J. Doe"?
¶1 WE ANSWER: YES. WITH QUALIFICATIONS.
¶2 Canon 5(A): "…(3) A candidate for judicial office: (d) should not…(iii) knowingly misrepresent the identity, qualifications, present position or other fact concerning the candidate or an opponent…"
¶3 A judicial candidate may advise the electorate of his/her present title and position. If the judicial candidate is presently a Judge – not a retired Judge, not a former Judge – he or she may so state.
¶4 If a candidate refers to him/herself as Judge in any campaign literature or material, the present judicial position must be made clear. The judicial candidate who refers to him/herself as Judge must make it clear that the candidate is not an incumbent of the office sought.
¶5 The reservation in our answer concerns the possibility or likelihood of misrepresentation: That the electorate may receive the impression the judicial candidate is an incumbent. That is a misrepresentation prohibited by a strict interpretation of the Canons.
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