JUDICIAL ETHICS OPINION 2020-3

JUDICIAL ETHICS ADVISORY PANEL

JUDICIAL ETHICS OPINION 2020-3

June 2, 2020

¶1. QUESTION(S)

Is an employee of a District Judge (Secretary Bailiff) who files as a candidate for a county office (Court Clerk) in the same county where the Judge is located subject to any portion of the Code of Judicial Conduct as a candidate? Is there any conflict in the employee performing duties in a non partisan judicial office while the employee is a candidate for a partisan office?

¶2. ANSWER

Yes to both questions.

¶3. DISCUSSION

Although the candidate in this question is not a candidate in a judicial election, a prior decision of this panel is clear that a Judge's employee "may reasonably be required to forfeit certain rights and privileges; again, to help insure the independence and impartiality of the judiciary and the perception thereof. 2010 OK JUD ETH 3, ¶ 7. The opinion goes on to address specifically a race for the office of Court Clerk as follows:

"¶8 We understand that the provisions of Canon 5 1. A. (3) (b) are referring to the judge's personal race; however, we believe that to preserve the appearance of impartiality and independence that the same standards should apply to all political races. Therefore, the judge "should prohibit employees...from doing what the candidate is prohibited from doing under the Sections of this Canon." *816 This, it would seem to us, is even more true in the race which is the subject matter of the question raised, being an office involved on a daily basis with the court which the judge serves, and in which the judge has and would be perceived by the public to have more than a passing interest."

The opinion is therefore clear that a District Judge's employee should not be a candidate for a partisan political office, especially an office such as Court Clerk, which has daily interaction with the Judges office.

The implied endorsement of a District Judge whose Secretary Bailiff is a candidate for Court Clerk in the County where the Judge presides, is in contravention to Canon 5 (A) (1) (b) (c), which "prohibits a Judge from endorsing or opposing another candidate for public office." Indirectly this makes the Secretary Bailiff under these facts subject to the Code of Judicial Conduct, and absolutely creates a conflict in the employee/ (Secretary Bailiff) performing duties in a non partisan judicial office while the employee is a candidate for a partisan office.

It is not clear from the facts presented whether or not the Judge in question is the Presiding Judge of the Judicial Administrative District. If the Judge in question is not the Presiding Judge, then these facts may present a "chain of command" issue pursuant to Rules on Administration of Courts, Rule 2, since administration and supervisory control over the Secretary Bailiff rests with the Presiding Judge. Canon 5 (A) (1) (b) (c) would apply to the Presiding Judge as well.

Attached for reference is 2010 OK JUD ETH 3

/s/Honorable Edward C. Cunningham

/s/Honorable Bill Hetherington

/s/Honorable April Sellers White

/s/Honorable Allen McCall

/s/Honorable Jerry Bass