Oklahoma Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Oklahoma Bar Association, with full citations and source links on every page.
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May a lawyer who serves as a part-time judge of a court not of record represent criminal defendants in other courts?
Yes. The committee concluded that a lawyer serving as a part-time municipal judge of a court not of record may act as defense counsel in criminal cases filed in other courts, subject to the Code of Ju…
May a part-time municipal-court judge whose court is not a court of record defend persons charged with crimes in other courts?
Largely no. The committee concluded that a court-not-of-record judge who tries misdemeanors and binds felony defendants over should scrupulously avoid accepting criminal defense work, except to accept…
May an assistant district attorney also keep a private practice, and is a judge disqualified from hearing cases where his former law partner appears as counsel?
The committee concluded that an assistant DA paid over 65% of the DA's salary may not engage in private practice (under 19 O.S. 215.15), while one paid 65% or less may handle civil cases not in confli…
Can a lawyer who serves as a justice of the peace or police judge be a law partner, and can the partner file cases in that judge's court?
No. The committee withdrew Opinion 162 after finding a controlling statute it had overlooked: a justice of the peace may not office with an attorney, so he cannot be a law partner, and both questions …
May a municipal criminal court judge practice law or keep his name in the firm name, and does long-standing custom excuse it?
No. The committee concluded the municipal criminal court is a court of record, so its judge may not practice law during his term; he may not keep his name in the firm name or on letterhead under Canon…
May a lawyer who has just become a judge finish the cases he had pending in state courts when he took the bench?
No. The committee concluded that a newly appointed judge of a court of record cannot complete cases pending in any Oklahoma state court, because a sitting judge is barred from practicing law; he may o…
May a county judge who is a lawyer prepare income tax returns for individuals?
No. The committee concluded that when a lawyer, judge or not, accepts employment to prepare income tax returns, he is practicing law; and because a sitting judge is forbidden by the Oklahoma Constitut…
May a lawyer practice in a court where his law partner sits as the part-time judge (justice of the peace or police judge)?
No, as to that court. The committee concluded the partnership itself was proper since the part-time judge could practice in other courts, but the partner could not practice in the court over which the…
May a newly elected county judge finish his unfinished private law practice while also performing his judicial duties?
The Committee thought the proposal of doubtful propriety, but declined to render an actual opinion because the Bar Association's authority to speak in such circumstances was highly doubtful.
When a lawyer becomes a judge of a court of record, what happens to his bar membership and may he still handle cases like uncontested divorces?
The Board concluded that becoming a judge of a court of record only suspended the lawyer's right to practice during his term; he remained a State Bar member, paid active-member fees unless enrolled as…
Can a lawyer who is the city's mayor also serve as city prosecutor in a municipal court whose judge he appoints and can remove?
The Board condemned the practice: because the mayor-prosecutor appointed and could remove the municipal judge and once had a per-conviction fee interest, the arrangement offended due process under Tum…
Can a justice of the peace who is also a lawyer draw pleadings and run a collection business in his own court?
The Board concluded the practice was indefensible: it was the practice of law, violated Canon 31 of the Judicial Ethics canons barring a judge from practicing in his own court, and ran afoul of a stat…
Is it proper for a lawyer to appear before a judge who is a close relative, such as the judge's father or the father's law firm?
The Board found no canon specifically condemned a lawyer appearing before a relative judge but said the practice approaches the line of propriety, should be discouraged, and be exercised with extreme …
Can a lawyer about to take office as county judge keep handling collection accounts he took in before taking the bench?
The Board concluded he should not. Although merely collecting accounts is not the practice of law, statute bars a county judge from practicing law, and public policy means a county judge should not en…
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Legal ethics opinions from the Oklahoma Bar Association interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.