
    JUDICIAL ETHICS OPINION 2018-6
    No. 2018-6
    Judicial Ethics Advisory Panel of Oklahoma.
    SEPTEMBER 20, 2018
    ¶1. FACTS
    A candidate for judicial office has inquired whether certain activities are permissible during a contested campaign for election of an Associate District Judge. The activities relate to partisan political party meetings and activities. Questions or complaints regarding campaign activity of a candidate for judicial office which is alleged to be in violation of applicable law, should be addressed to the Judicial Elections Committee, pursuant to Title 5 O.S. § Rule 1 (OSCN 2018), Appendix 4C.
    ¶2. QUESTION 1
    (a) Is it permissible for a candidate for judicial office to attend a regular monthly meeting of a partisan political party, when other candidates for the same office have also been invited to attend; and (b) is it permissible if only one candidate was invited to the meeting?
    ¶3. ANSWER TO QUESTION 1
    (a) Yes, if all candidates for the judicial office were invited. (b) No, it is not permissible if only one candidate was invited.
    ¶4. AUTHORITIES-QUESTION 1
    5 O.S. § Canon 4 (OSCN 2018), Appendix 4-Code of Judicial Conduct
    A Judge or Candidate for Judicial Office Shall Not Engage in Political or Campaign Activity That is Inconsistent with the Independence, Integrity, or Impartiality of the Judiciary.
    Judicial Ethics Opinion 2010-2 (2010 OK JUD ETH 2, 231 P.3d 163 )
    Judicial Ethics Opinion 1998-13 stated that "The Canons seek to prohibit all partisan political activities by judicial candidates. The only explicit exception is in 20 O.S. § 1404.1, which permits a judicial candidate to attend a political gathering upon payment of an admission fee and "for the sole purpose of campaigning in his own behalf for a judicial office." The spirit, if not the letter, of the Canons discourage even minimal partisan political activity."
    If the political function in question is open to all judicial candidates in a judicial race, so that it would not be tantamount to endorsing one judicial candidate over others, the candidate may appear subject to the cost provisions outlined above, and for the sole purpose of advancing that candidates campaign.
    5 O.S. § Rule 4.1 (OSCN 2017), Appendix 4-Code of Judicial Conduct. Rule 4.1 Political and Campaign Activities of Judges and Judicial Candidates in General
    (A) Except as permitted by law, or by Rules 4.2, 4.3, and 4.4, a judge or a judicial candidate shall not:
    (5) attend or purchase tickets for dinners or other events sponsored by a political organization or another candidate for public office provided that the exception granted to a candidate for judicial office pursuant to Title 20 O.S. § 1404.1 (1) shall also be granted to a judge who is a candidate for judicial election;
    (7) seek, accept, or use endorsements from a political organization;
    20 O.S. (2001) § 1404.1 -Candidate for Judicial Office-Standards of Conduct-Removal-Disqualification
    A person who is not a judicial officer but is a candidate for a 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.
    1. Participation, while a candidate for judicial office, in any partisan political activity. The term "partisan political activity" as used in this paragraph shall not include attendance by a candidate for a judicial office at a political gathering, upon payment of a nominal admission fee, for the sole purpose of campaigning in his own behalf for a judicial office.
    3. While a candidate for a 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.
    ¶5. QUESTION 2
    (a) Is it permissible for a candidate for judicial office to give a partisan political party his/her campaign material to be kept at the political party's headquarters for distribution by party members; and (b) Is it permissible for a candidate for judicial office to allow the partisan political party to publish on social media pictures of the candidate that were taken at the party's headquarters?
    ¶6. ANSWER TO QUESTION 2:
    (a) No. (b) No.
    ¶7. AUTHORITIES-QUESTION 2
    5 O.S. § Canon 4 (OSCN 2018), Appendix 4-Code of Judicial Conduct
    A Judge or Candidate for Judicial Office Shall Not Engage in Political or Campaign Activity That is Inconsistent with the Independence, Integrity, or Impartiality of the Judiciary.
   5 O.S. § Rule 4.1 (OSCN 2017), Appendix 4-Code of Judicial Conduct Rule 4.1 Political and Campaign Activities of Judges and Judicial Candidates in General

(A) Except as permitted by law, or by Rules 4.2, 4.3, and 4.4, a judge or a judicial candidate shall not:

(6) publicly identify himself or herself as a candidate of a political organization;

(7) seek accept, or use endorsements from a political organization;

5 O.S. § Rule 4.2 (OSCN 2017), Appendix 4-Code of Judicial Conduct Rule 4.2 Political and Campaign Activities of Judicial Candidates in Public Election

(A) A judicial candidate in a public election shall:

(1) act at all times in a manner consistent with the independence integrity, and impartiality of the judiciary;

(4) take reasonable measures to ensure that other persons do not undertake on behalf of the candidate activities other than those described in Rule 4.4, that the candidate is prohibited from doing by Rule 4.1.

¶8. QUESTION 3

Is it permissible for a candidate for judicial office to initiate contact with a partisan political party and request the opportunity to speak at a meeting of the political party?

¶9. ANSWER TO QUESTION 3

No.

¶10. AUTHORITIES-QUESTION 3

5 O.S. § Rule 4.1 (OSCN 2017), Appendix 4-Code of Judicial Conduct Rule 4.1 Political and Campaign Activities of Judges and Judicial Candidates in General

(A) Except as permitted by law, or by Rules 4.2, 4.3, and 4.4, a judge or a judicial candidate shall not:

(7) seek, accept, or use endorsements from a political organization;

20 O.S. (2001) § 1404.1 -Candidate for Judicial Office-Standards of Conduct-Removal-Disqualification

Subsections (1) and (3) quoted above in discussion under Question 1.

¶11. QUESTION 4

Is it permissible for a candidate for judicial office to authorize a partisan political party to publish a picture of the candidate attending a meeting or activity of the political party?

¶12. ANSWER TO QUESTION 4

No.

¶13. AUTHORITIES-QUESTION 4

5 O.S. § Rule 4.1 (OSCN 2017), Appendix 4-Code of Judicial Conduct Rule 4.1 Political and Campaign Activities of Judges and Judicial Candidates in General

(A) Except as permitted by law, or by Rules 4.2, 4.3, and 4.4, a judge or a judicial candidate shall not:

(7) seek accept, or use endorsements from a political organization;

5 O.S. § Rule 4.2 (OSCN 2017), Appendix 4-Code of Judicial Conduct Rule 4.2 Political and Campaign Activities of Judicial Candidates in Public Election

(A) A judicial candidate in a public election shall:

(1) act at all times in a manner consistent with the independence, integrity, and impartiality of the judiciary;

(4) take reasonable measures to ensure that other persons do not undertake on behalf of the candidate activities, other than those described in Rule 4.4, that the candidate is prohibited from doing by Rule 4.1.

(B) A candidate for elective judicial office may, unless prohibited by law, and not earlier than 180 days before the beginning of the filing period for the judicial office:

(3) seek, accept, or use endorsements from any person or organization other than a partisan political organization.

¶14. COMMENT

[3] In nonpartisan public elections or retention elections paragraph (B)(3) [sic] prohibits a candidate from seeking, accepting, or using nominations or endorsements from a partisan political organization.

WITNESS OUR HANDS AS OF THIS 20th DAY OF September, 2018.

/s/ The Honorable April Sellers White, (Retired)

Judicial Ethics Advisory Panel Member

/s/ The Honorable Edward C. Cunningham, (Retired)

Judicial Ethics Advisory Panel Chair

/s/ The Honorable William C. Hetherington, (Retired)

Judicial Ethics Advisory Panel Member

/s/ The Honorable Allen McCall, (Retired)

Judicial Ethics Advisory Panel Member

/s/ The Honorable Thomas Landrith, (Retired)

Judicial Ethics Advisory Panel Member  