2011 OK JUD ETH 2

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JUDICIAL ETHICS OPINION 2011-2
2011 OK JUD ETH 2
Decided: 05/20/2011

Cite as: 2011 OK JUD ETH 2, __ __

JUDICIAL ETHICS ADVISORY PANEL

JUDICIAL ETHICS OPINION 2011-2

¶1 Question: May a Judge serve as an Attorney in Fact, due to an appointment in a Durable Power of Attorney, for a relative?

¶2 Facts: 1. Judge's spouse's relative appointed Judge's spouse as Attorney in Fact and Judge as Alternate in Durable Power of Attorney.

¶3 2. Relative is now medically incapacitated. (Judge's spouse is only living relative of Principal.)

¶4 3. Judge is assisting spouse in dealing with medical issues and Nursing Home.

¶5 Discussion: 1. Canon 3-Rule 3.8 (A) of Oklahoma Code of Judicial Conduct: "Appointment to Fiduciary Position" provides:

"A judge shall not accept appointment to serve in a fiduciary position, such as executor, administrator, trustee, guardian, attorney in fact, or other personal representative, except for the estate, trust, or person of a member of the judge's family, or a member of the judge's household and then only if such service will not interfere with the proper performance of judicial duties."

¶6 2. Terminology defines:

"Member of the judge's family" means a spouse, child, grandchild, parent, grandparent, or other relative or person with whom the judge maintains a close familial relationship."

¶7 Answer: Yes, only if such service will not interfere with the proper performance of judicial duties.

Dated:___________

/s/Milton C. Craig, Chairman

/s/Robert E. Lavender, Vice-Chairman

/s/Vicki L. Robertson, Secretary

JUDICIAL ETHICS OPINION 2011-2

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