2023 OK JUD ETH 3

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JUDICIAL ETHICS OPINION 2023-3
2023 OK JUD ETH 3
Decided: 10/16/2023

Cite as: 2023 OK JUD ETH 3, __ __

JUDICIAL ETHICS ADVISORY PANEL

JUDICIAL ETHICS OPINION 2023-3

October 16, 2023

¶1. FACTS:

A current Judge has been asked to serve on the Board of a local Charter school.

¶2 QUESTION:

May a sitting Judge serve on the Board of a local Charter school?

¶3. ADVISORY ANSWER TO QUESTION:

Yes, with specific approval from the Oklahoma Supreme Court and then with limitations.

¶4. AUTHORITIES:

All citations are from the Code of Judicial Conduct, Title 5, Oklahoma Statutes, Chapter 1, App.4.

Pursuant to Canon 3 of the Oklahoma Code of Judicial Conduct, Rule 3.4:

RULE 3.4

Appointments to Governmental Positions

A judge shall not accept appointment to a governmental committee, board, commission, or other governmental position, unless it is one that concerns the law, the legal system, or the administration of justice, or the judge has the specific approval of the Supreme Court.

A local Charter school is defined as "a public school established by a contract..." See, 70 O.S. §3-132.2C. Assuming the Board serves as the "governing body," it is responsible for the policies and operational decisions of the charter school. See, 70 O.S. §3-136. As such, service on the Board would be considered appointment to a "Governmental" committee, board, commission, or other governmental position," and it would only be permissible to serve with the specific approval of the Supreme Court.

If approval is received, the judge must determine if the judge's participation would interfere with the proper performance of the judge's judicial duties as prohibited by Canon 3, Rule 3.1 (A)¹ and Canon 1, Rule 1.3.²

Honorable William C. Hetherington, Chair

Honorable Glenn D. Adams

Honorable Allen McCall

Honorable Patricia G. Parrish

Honorable April Sellers White

ALL PANEL MEMBERS CONCUR

FOOTNOTES

¹ 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.

² Rule 1.3 Avoiding 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.

JUDICIAL ETHICS OPINION 2023-3

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