Opinion
No. 2023-1
02-14-2023
JUDICIAL ETHICS OPINION 2023-1
¶1. FACTS
The Judge questions whether he has a duty to recuse himself from hearing any cases involving a local attorney who was involved in his campaign. This attorney assisted in the campaign by putting up yard signs at his home and at two empty buildings the attorney owns. He also contributed the maximum amount of $2900 to the Judge's campaign. The attorney does criminal defense work and the Judge worked for the current District Attorney from 2017 through 2019. This is a small community where relationships appear to be fairly well known. In this Judge's inquiry to us, he acknowledges he should disclose the attorney's involvement in his campaign and only questions recusal. Nevertheless, we choose to address both disclosure and recusal.
¶2. QUESTIONS PRESENTED:
The question presented is from a duly elected Associate District Judge to the Advisory panel asking for an Advisory Opinion. The questions addressed are: Question #1, must the Judge disclose his relationship with the attorney in question? Question #2, must this Judge recuse from any case where this attorney is an attorney of record?
¶3. ADVISORY ANSWER TO QUESTION #1:
We answer as to disclosure: YES.
¶4. DISCUSSION:
As we discussed in Judicial Ethics Opinion 2018-2 and 2001-5, "..disclosure is still appropriate and an attorney should not be forced to seek out such information about individual campaign contributions." 2001 OK JUD ETH 5, 73 P.3d 270. The Judge has a duty to disclose, certainly during the early period of this Judge's term of office. Every community has different characteristics and this Judge must exercise judgment in order to comply with Canon 1 which requires the Judge to "... uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety." This Judge should know and acknowledge a duty to disclose in any case circumstance where his independence and impartiality could be questioned. This Canon applies at any time throughout an elected Judge's term of office and, an elected Judge must adhere to Canon 1 principals by using his or her best judgment to satisfy the duty to disclose.
¶5. ADVISORY ANSWER TO QUESTION #2:
We answer as to recusal: NO with limitations.
¶6. DISCUSSION
Under Rule 2.11 (A) (4), "Contributions within the limits allowed by the Oklahoma Ethics Commission will not normally require disqualification unless other factors are present." Therefore, a Judge is not under a duty to recuse unless articulable facts are informally brought to the Judge's attention or by way of a formal request to recuse under the appropriate Rules. Canon 2 states "A Judge shall perform the duties of Judicial Office impartially, competently, and diligently." Effective administration of justice requires that a Judge hear all cases assigned to them unless recusal is required. If "other factors are present" which could shed doubt on the independence and impartiality of the Judge beyond known campaign contribution, the Judge must weigh the facts and exercise judgment to best give effect to the dictates of Canons 1 & 2.
Honorable William C. Hetherington, Chair
Honorable Glenn D. Adams
Honorable Allen McCall
Honorable Patricia G. Parrish
Honorable April Sellers White