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Rule 3.13. Accepting Gifts, Loans, Bequests, Benefits, or Other Things of Value

Oklahoma Statutes AnnotatedTitle 5. Attorneys and State Bar

Oklahoma Statutes Annotated
Title 5. Attorneys and State Bar
Chapter 1.--Appendix 4. Code of Judicial Conduct
Canon 3. A Judge Shall Conduct the Judge's Personal and Extrajudicial Activities to Minimize the Risk of Conflict with the Obligations of Judicial Office
T. 5, Ch. 1, App. 4, Rule 3.13
Rule 3.13. Accepting Gifts, Loans, Bequests, Benefits, or Other Things of Value
Currentness
(A) A judge shall not accept any gifts, loans, bequests, benefits, or other things of value, if acceptance is prohibited by the Rules of the Ethics Commission or other law or would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality.
(B) Unless otherwise prohibited by the Rules of the Ethics Commission or other law, a judge may accept the following:
(1) items with little intrinsic value, such as plaques, certificates, trophies, and greeting cards;
(2) gifts, loans, bequests, benefits, or other things of value from close personal friends, relatives; or members of the judge's household and their relatives.
(3) ordinary social hospitality;
(4) commercial or financial opportunities and benefits, including special pricing and discounts, and loans from lending institutions in their regular course of business, if the same opportunities and benefits or loans are made available on the same terms to similarly situated persons who are not judges;
(5) rewards and prizes given to competitors or participants in random drawings, contests, or other events that are open to persons who are not judges;
(6) scholarships, fellowships, and similar benefits or awards, if they are available to similarly situated persons who are not judges, based upon the same terms and criteria;
(7) scholarships, fellowships, and similar benefits or awards specifically for judicial education;
(8) books, magazines, journals, audiovisual materials, and other resource materials supplied by publishers on a complimentary basis for official use; or
(9) gifts incident to a public testimonial;
(10) invitations to the judge and the judge's spouse, member of the judges' household, or guest to attend without charge:
(a) an event associated with a bar-related function or other activity relating to the law, the legal system, or the administration of justice; or
(b) an event associated with any of the judge's educational, religious, charitable, fraternal or civic activities permitted by this Code, if the same invitation is offered to nonjudges who are engaged in similar ways in the activity as is the judge; and
(11) gifts, awards, or benefits associated with the business, profession, or other separate activity of a spouse, or member of the judge's household, but that incidentally benefit the judge. However, such benefits provided to a spouse or member of the judge's household are also subject to the same limitation as a judge.
(C) Under the Rules of the Ethics Commission there are specific limitations on a state officer or employee asking for, soliciting, receiving or agreeing to receive things of value from;
(1) a lobbyist or lobbyist principal;
(2) a person who is seeking to do business or doing business with the government entity of which the state officer's or state employee's office or employment to a part; and
(3) a person who has an economic interest in actions or matters before or affecting the governmental entity of which the state officer's or state employee's office or employment is a part.
A judge should carefully examine the Rules of the Ethics Commission to determine the limitations imposed by these Rules on receiving things of value from anyone in one of these three categories.

Credits

Adopted effective April 15, 2011.
Code of Jud. Conduct, Rule 3.13, 5 O. S. A. Ch. 1, App. 4, OK ST CJC Rule 3.13
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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