2000 OK JUD ETH 5•JUDICIAL ETHICS OPINION 2000-5
JUDICIAL ETHICS OPINION 2000-5
2000 OK JUD ETH 5Judicial Ethics Advisory PanelAug 23, 2000
Full text
JUDICIAL ETHICS OPINION 2000-5
2000 OK JUD ETH 5
10 P.3d 899
Decided: 08/23/2000
Modified: 09/07/2000
Oklahoma Judicial Ethics Advisory Panel
Cite as: 2000 OK JUD ETH 5, 10 P.3d 899
¶0 QUESTION 1:If a municipal judge files for election to a non-judicial position, should the municipal judge first resign the judicial position?
WE ANSWER:YES.
¶1 Application of the Code of Judicial Conduct D:
"PERIODIC PART-TIME JUDGE. A periodic part-time judge is a municipal judge who serves on a continuing or periodic basis but is permitted by law to devote time to some other profession or occupation and whose compensation for that reason is less than that of a full-time judge."
Canon 5A(2):"A judge should resign from judicial office upon becoming a candidate for a non-judicial office either in a primary or in a general election . . . ."
¶2 Paragraph D under Application of the Code clearly defines a periodic part-time judge and leaves no doubt that this includes a municipal judge. Paragraph D lists numerous Canons with which a periodic part-time judge is not required to comply; however, Canon 5A(2), quoted above, is not one of them. A municipal judge upon filing for a non-judicial office must resign from his or her judicial position.
¶3 Robert L. Bailey, Chairman
¶4 Robert A. Layden, Vice-Chairman
¶5 Milton C. Craig, Secretary
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