In Re Judicial Ethics Opinion 2010-4

234 P.3d 115 (2010)

2010 OK JUD ETH 4

JUDICIAL ETHICS OPINION 2010-4.

No. 2010-4.

Oklahoma Judicial Ethics Advisory Panel.

June 22, 2010.

JUDICIAL ETHICS ADVISORY PANEL

¶ 1 Question(s): May the campaign committee of a candidate for a judicial office solicit and accept a contribution from a political action committee (PAC) that has a policy of only making contributions to the members of a single political party?

¶ 2 Answer: No.

*116 ¶ 3 Discussion: 20 O.S. Sec. 1404 et ceteraprovides among other things that a judge or judicial candidate may not engage in partisan political activities and may not divulge the party, if any, with which the judge, or candidate is registered. Canon 5 prohibits a judge or judicial candidate from engaging in political activities on behalf of other candidates.

¶ 4 Canon 2(A) states "A judge should respect and comply with the law at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary."

¶ 5 Clearly a judicial candidate may dictate what his or her campaign committee may or may not do. No one is naive enough to believe that a partisan political pact is going to donate to or support a candidate other than a member of that political party. We reiterate that the perception of the actions of a judge or judicial candidate is just as important as the actual fact in complying with the provisions of a code designed to promote public confidence in the integrity and impartiality of the judiciary.

/s/ Robert L. Bailey, Chairman

/s/ Milton C. Craig, Secretary

/s/ Robert E. Lavender