2010-37 (Emergency Staff Opinion December 17, 2010)
Oath of Office; Use of Office
New Code of Judicial Conduct (effective 1-1-11): Rules 1.2, 1.3, 2.1, 3.2 & 4.1.

Issue: During 2011, may a Judicial Official administer the oath of office to an elected legislative official with respect to a leadership position to which the official was elected by the members of the legislative body of which the official is a member?

Response: Based upon the facts presented, including that the position involves leadership of the entire legislative body and the legislative official was elected to the position by a vote of the entire body, and considering this Committee’s conclusion in JE 2010-36 that a gubernatorial inaugural ball that is not a fundraising event for a political organization is a civic event, administration of the oath of office constitutes a civic, rather than a political, act. Pursuant to the Committee’s rule on emergency opinions and following receipt of input from the members, the Judicial Official was advised that he/she may administer the oath of office.