In re Judicial Ethics Op. 2018-1

Counsel

An attorney is presently holding the positions of part-time municipal judge for two small cities in the State of Oklahoma. Both of the municipal courts are not "courts of record." These municipal courts are in the county of the attorney's residence. This attorney has decided to run for election to the position of County Commissioner for the county of his residence., ¶2 QUESTION #_ 1: Is the attorney required to resign the part-time judicial positions before and or during the election campaign period for County Commissioner?, ¶4 DISCUSSION-QUESTION #1: The attorney should resign both municipal judge positions prior to running for election to the non-judicial position of County Commissioner. This is based on the following authorities., 5 O.S. § Rule 4.5 (OSCN 2018), Appendix 4-Code of Judicial Conduct. Activities of Judges Who Become Candidates for Non-Judicial Office., 20 O.S. § 1404. Additional Grounds for Removal of Judicial Officer., ¶5 QUESTION # 2: If the attorney loses the election for County Commissioner, would the attorney be prohibited from returning to the part-time municipal judge positions?