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