JUDICIAL ETHICS OPINION 2001-1

JUDICIAL ETHICS ADVISORY PANEL

JUDICIAL ETHICS OPINION 2001-1

March 30, 2001

¶1  QUESTION 1: May a sitting judge or an active retired judge charge and/or accept a fee/honorarium for conducting a marriage outside of the Courthouse when the ceremony is on the judge’s personal time, i.e., evenings or weekends?

¶2  WE ANSWER: NO.

¶3  Canon 2A: "A judge should respect and comply with the law . . . ."

¶4  Oklahoma Constitution, Article XV, §1:

"All public officers, before entering upon the duties of their offices, shall take and subscribe to the following oath or affirmation: ‘I, ……………., do solemnly swear (or affirm) . . . that I will not knowingly, receive, directly or indirectly, any money or other valuable thing, for the performance or non-performance of any act or duty pertaining to my office, other than the compensation allowed by law . . . .’"

43 O.S. §7:

"A. All marriages must be contracted by a formal ceremony performed or solemnized . . . by a judge or retired judge . . . ."

¶5  The performance or solemnization of a marriage is an official act of a judge. A judge may not charge a fee nor accept a gratuity for the performance of any official act.

¶6  Robert L. Bailey, Chairman
Robert A. Layden, Vice-Chairman
Milton C. Craig, Secretary