Judicial Ethics Opinion 2011-2

JUDICIAL ETHICS ADVISORY PANEL

T1 Question: May a Judge serve as an Attorney in Fact, due to an appointment in a Durable Power of Attorney, for a relative?

T2 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 8-Rule 8.8(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."

*1185

T7 Answer: Yes, only if such service will not interfere with the proper performance of judicial duties.

/s) Milton C. Craig, Chairman

/s) Robert E. Lavender, Vice-Chairman

/s/ Vieki L. Robertson, Secretary