A. As used in this section, the term "judicial officer" includes the judges of all courts created by the state or municipalities of the state. B. In addition to the causes specified in Article VII-A, Section 1 of the Oklahoma Constitution, the acts and omissions enumerated below shall constitute grounds for the removal by the Court on the Judiciary of a judicial officer from his office, with or without disqualification to hold a judicial office in the future: 1. The acceptance of a fee, or gratuity, other than that specifically provided by law, for performing any act in a judicial officer's capacity as a judge. 2. Continued willful failure of a judicial officer to comply with rules and directives of the Supreme Court, the presiding judge of his administrative district, or the chief judge of the judicial district. 3. Participation by a judicial officer, while serving as such officer or while a candidate for judicial office, in any partisan political activity. But the term "partisan political activity," as used herein, shall not include the attendance by a judicial officer or by a candidate for a judicial office at a political gathering, upon payment of a nominal admission fee, for the sole purpose of campaigning in his own behalf for a judicial office. 4. Participation by a judicial officer, while serving as such officer or while a candidate for a judicial office, in any election campaign other than that for his own election to a judicial office. 5. A judicial officer becoming a candidate for any nonjudicial office or for another judicial office whose term is to commence before the expiration of his present term of office; provided that no judge holding a nonelective judgeship shall become a candidate in a race in which the incumbent seeks to retain an elective judicial office unless he first resign his appointive judgeship. 6. A judicial officer, while serving as such officer or while a candidate for a judicial office, making publicly known in his campaign material or speeches, or knowingly permitting others to
make publicly known, either directly or by implication, his political party affiliation. C. Violation by a judicial officer of the Code of Judicial Conduct as adopted by the Supreme Court of Oklahoma on July 15, 1974, or as may be thereafter amended, may constitute grounds for the removal by the court on the judiciary of a judicial officer from office, with or without disqualification to hold a judicial office in the future. Added by Laws 1969, c. 256, § 1, emerg. eff. April 24, 1969. Amended by Laws 1971, c. 86, § 1, emerg. eff. April 16, 1971; Laws 1973, c. 34, § 1, emerg. eff. April 24, 1973; Laws 1974, c. 296, § 1, emerg. eff. May 29, 1974; Laws 1997, c. 239, § 8, eff. July 1, 1997.
Notes of Decisions
Council on Jud. Complaints v. Maley, 607 P.2d 1180 (Okla. 1980).
· cites it 2× “, or, 20 O.S.Supp. 1979, § 1404. Superintending control of inferior courts is vested in the Supreme Court by Article VII, Section 4, of the Oklahoma Constitution, and we therefore find that we have jurisdiction in this matter.”
Gray v. State ex rel. State Election Bd., 962 P.2d 1 (Okla. 1998).
“¶ 14 Assuming that the subsection invoked against this petitioner, 20 O.S.Supp. 1997 § 1404(B)5, imposes a disqualification upon candidates for a judicial office rather than constituting merely a ground for breaeh-of-discipline proceedings before the Court on the Judiciary, the…”
Repub. Party of Minnesota v. Kelly, 247 F.3d 854 (8th Cir. 2001).
· cites it 2× “300, Canon 5(A)(2) (allowing candidate to state party affiliation only in response to direct question); Okla. Stat. Ann. tit. 20, § 1404 (B)(6) (West 1991 & -34- held it was proper to limit partisan political activity of executive employees.”
In re Rules Governing Complaints on Jud. Misconduct, 186 P.3d 926 (Okla. 2006).
“Rule 3 Council on Judicial Complaints T6 To ensure independent investigation of the complaint, the Council on Judicial Complaints is authorized to receive complaints regarding a judge as defined in 20 O.S.2001, § 1404. 17 If, after an investigation, the Council on Judicial…”
State ex rel. Simms v. McCallister, 721 P.2d 427 (Okla. Ct. Jud. 1986).
“7-A, § 1(b), and 20 O.S.1981 § 1404. The petition in separate paragraphs delineated ten specific “incidents” asserting that each such incident constituted one or more of the grounds for removal.”
Fowler v. State, 873 P.2d 1053 (Okla. Crim. App. 1994).
“VII-A § 1(b), 20 O.S.1981, § 1404; incompetence to perform the duties of the office is grounds only for compulsory retirement, Oklahoma Constitution Art.”
In re Jud. Ethics Op. 2018-3, 429 P.3d 713 (Okla. J.E.A.P. 2018).
· cites it 2× “Title 20 O.S. § 1404 dealing with disciplinary grounds for removal of a judicial officer defines the term judicial officer: "(A) As used in this section, the term "judicial officer" includes the judges of all courts created by the state or municipalities of the state.”
Jud. Ethics Opinion 2002-9, 86 P.3d 672 (Okla. J.E.A.P. 2002).
· cites it 3× “§ 1404(3) allow a judicial officer, or candidate for judicial office to purchase tickets for a political party annual dinner for the purpose of campaigning on his/her behalf without violating Canon 5(A)(1)(d)? WE ANSWER: YES, with certain restrictions 20 O.S. § 1404 deals with…”
Jud. Ethics Opinion 1998-22, 86 P.3d 659 (Okla. J.E.A.P. 1998).
· cites it 2× “It is the intent of 20 O.S., Section 1404, and the intent of the Code of Judicial Conduct to completely remove all partisan political affiliations from judicial campaigns.”
— Okla. Stat. tit. 20, § 1404(3) — 1 case
Jud. Ethics Opinion 2002-9, 86 P.3d 672 (Okla. J.E.A.P. 2002).
“§ 1404(3) allow a judicial officer, or candidate for judicial office to purchase tickets for a political party annual dinner for the purpose of campaigning on his/her behalf without violating Canon 5(A)(1)(d)? WE ANSWER: YES, with certain restrictions 20 O.S. § 1404 deals with…”
— Okla. Stat. tit. 20, § 1404(6) — 2 cases
Jud. Ethics Opinion 1998-22, 86 P.3d 659 (Okla. J.E.A.P. 1998).
“It is the intent of 20 O.S., Section 1404, and the intent of the Code of Judicial Conduct to completely remove all partisan political affiliations from judicial campaigns.”
— Okla. Stat. tit. 20, § 1404(B) — 1 case
Gray v. State ex rel. State Election Bd., 962 P.2d 1 (Okla. 1998).
“¶ 14 Assuming that the subsection invoked against this petitioner, 20 O.S.Supp. 1997 § 1404(B)5, imposes a disqualification upon candidates for a judicial office rather than constituting merely a ground for breaeh-of-discipline proceedings before the Court on the Judiciary, the…”
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