CJEO Oral Advice Summary No. 2016-018 — Administering the Oath of Office to a Recently Elected District Attorney

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CALIFORNIA SUPREME COURT
COMMITTEE ON JUDICIAL ETHICS OPINIONS
350 McAllister Street, Room 1144A
San Francisco, CA 94102
(855) 854-5366
www.JudicialEthicsOpinions.ca.gov
CJEO Oral Advice Summary 2016-018
[Issued November 29, 2016]
ADMINISTERING THE OATH OF OFFICE TO A RECENTLY ELECTED
DISTRICT ATTORNEY
I. Question
May a judge administer the oath of office to a recently elected district attorney?
II. Oral Advice Provided
Judicial officers are among those authorized by law to administer the oath of office
required to be taken by all public office holders under the California Constitution. (Cal.
Const., art. XX, § 3 [all public officers and employees, executive, legislative, and
judicial, shall take the prescribed loyalty oath]; Gov. Code, § 1225 [authorization for
judicial officers to administer oaths].) To do so is necessarily an official function of
judicial office.

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While judges must take caution to avoid any activities that might convey an
appearance of bias towards individuals or groups that appear before the court (Rothman,
Cal. Judicial Conduct Handbook (2013 Supp.) § 10.34, pp. 544-545), a person aware of
the fact that a judge was performing an official function would not entertain doubt as to
the judge’s impartiality. (Cal. Code Jud. Ethics, canon 2; Advisory Com. com. foll. canon 2;
Rothman, supra, § 10.34, p. 546; Cal. Judges Assn., Formal Opinion No. 58 (2006) pp. 2-
3 [a judge’s administration of the oath of office at a ceremony to swear in new police
officers or a new police captain would be an official function that does not create an
appearance of bias].)
Thus, a judicial officer may administer the oath of office at a ceremony to swear in
a public official, including a newly elected district attorney, without creating an
appearance of bias in violation of the California Code of Judicial Ethics.
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This oral advice summary is advisory only (Cal. Rules of Court, rule 9.80(a), (e); Cal.
Com. Jud. Ethics Opns., Internal Operating Rules & Proc. (CJEO) rule 1(a), (b)). It is based on
facts and issues, or topics of interest, presented to the California Supreme Court Committee on
Judicial Ethics Opinions in a request for an opinion (Cal. Rules of Court, rule 9.80(i)(3); CJEO
rules 2(f), 6(c)), or on subjects deemed appropriate by the committee (Cal. Rules of Court, rule
9.80(i)(1); CJEO rule 6(a)).