RULE NO. 55 ESTABLISHING JUDICIAL ETHICS ADVISORY PANEL

RULE NO. 55 ESTABLISHING JUDICIAL ETHICS ADVISORY PANEL
1998 OK 1
Case Number: SCAD-98-1
Decided: 01/05/1998
Supreme Court of Oklahoma

RULE NO. 55 ESTABLISHING JUDICIAL ETHICS ADVISORY PANEL
SCAD 98-1
___P.2d___
1998 OK 1
Decided: January 5, 1998
IN THE SUPREME COURT OF THE STATE OF OKLAHOMA

RULE NO. 55
ESTABLISHING JUDICIAL ETHICS ADVISORY PANEL

¶1 (a) Pursuant to the Administrative Authority vested in this Court by Art.7, Sec. 6, Okl. Const., and the rule making authority of this Court as provided by

¶2 (b) A request for a judicial ethics advisory opinion shall be directed to the Clerk of the Appellate Courts who shall forward the request to the panel if the requirements of this rule are satisfied. Requests will be accepted only from presently elected or appointed Justices or judges, active retired judges or retired judges, or any bona fide candidate for judicial office. The term "Judge" as used herein shall include Justices, Judges, retired or active retired Judges, and bona fide candidates for judicial office.

¶3 (c) Requests for judicial ethics advisory opinions shall relate to prospective conduct only and shall contain a complete statement of all facts pertaining to the intended conduct together with a clear, concise question of judicial ethics. The identity of the judge or judicial candidate, whose proposed conduct is the subject of the request, shall be disclosed to the panel. The requesting judge or judicial candidate shall include with the request a concise memorandum setting forth the judge's own research and conclusions concerning the question. Requests shall not be accepted or referred for opinion unless accompanied by this memorandum.

¶4 (d) Advisory opinions shall address only whether an intended, future course of conduct violates the Code of Judicial Conduct and shall provide an interpretation of the Code with regard to the factual situation presented. The opinion shall not address issues of law nor shall it address the ethical propriety of past or present conduct. The identity of the requesting judge or judicial candidate shall not be disclosed in the opinion.

¶5 (e) The Clerk shall provide a copy of each advisory opinion to the Chief Justice, the Council on Judicial Complaints, and the requesting judge or candidate for judicial office, and the state law library. The Clerk shall keep the original opinion in a permanent file.

¶6 (f) The fact that a judge or candidate for judicial office has requested and relies upon an advisory opinion may be taken into account by the Council on Judicial Complaints in its disposition of complaints and in determining whether to recommend to the statutorily authorized person or entity discipline of a judge or judicial candidate. The advisory opinion shall not be binding on the Council on Judicial Complaints or Court on the Judiciary in the exercise of their judicial discipline responsibilities.

¶7 ADOPTED BY THE SUPREME COURT IN CONFERENCE THIS 5