Judicial Officer Oath of Office

An oath of office is not a ceremonial formality and it is not merely words spoken on the first day of the job. It is a solemn public promise. For a judge, that promise is especially important because judges are entrusted with extraordinary power over the lives, rights, property, and reputations of others. The oath is a declaration that this power will be exercised under law, not according to personal bias, favoritism, convenience, or outcome-driven reasoning.

In Minnesota, the judicial oath reflects a judge’s duty to support the Constitution of the United States, the Constitution of the State of Minnesota, and to faithfully and impartially discharge the duties of judicial office. That promise goes to the heart of what courts are supposed to be. A courtroom is not supposed to be a place where power bends to preference. It is supposed to be a place where law governs, facts matter, and every person is entitled to fairness.

That is why an oath of office matters. It is a public commitment to the rule of law. It is a reminder that judicial authority is not personal property. It is power held in trust for the public, to be exercised with integrity, restraint, competence, and impartiality.

According to the Minnesota Revisor’s Office, the Oath of Judicial Officers states:

You do solemnly swear that you will support the constitution of the United States, the constitution of the state of Minnesota, and discharge the duties of your office faithfully and impartially, according to your best learning, judgment and discretion. So help you God.

Minnesota Statutes section 358.05 requires judges to take the oath found in the Minnesota Constitution, article V, section 6:

Each officer created by this article before entering upon his duties shall take an oath or affirmation to support the constitution of the United States and of this state and to discharge faithfully the duties of his office to the best of his judgment and ability.

See Winters v. Kiffmeyer, 650 N.W.2d 167, 172 (Minn. 2002) (holding that a judge does not begin to serve in office until the effective date of the appointment and after taking the oath of office). (Minnesota Judicial Ethics Outline, Page 16, 9.7.1)

In practical terms, a judicial oath means a judge must do more than simply occupy the bench. It means the judge must support constitutional rights, apply the law faithfully rather than selectively, remain impartial, exercise judgment honestly, and remember at all times that judicial power exists to serve justice, not to shield error or protect appearances.

The oath matters because public confidence in the judiciary depends on more than titles, robes, or procedure. It depends on whether judges actually do what they swore to do. When a judge honors that oath, the public sees the rule of law in action. When the oath is ignored, minimized, or treated as empty language, public trust is damaged and the legitimacy of the judicial system is weakened.

For judges especially, an oath of office has meaning only when its promises are reflected in the faithful, impartial exercise of judicial power.

Judicial Officer Oath of Office: Kevin M. Miller

According to the Minnesota Secretary of State, Judge Miller submitted a signed and notarized Oath of Office on May 17, 2018, which stated:

I, Kevin Miller do solemnly swear or affirm that I will support the Constitution of the United States and the Constitution of the State of Minnesota, and that I will discharge faithfully the duties of the office of District Court Judge in the County of Otter Tail, the State of Minnesota, to the best of my ability.

According to its website, a non-certified copy of this document is available by contacting the Minnesota Department of State at official.documents@state.mn.us and requesting document number 182853.