Ga. Code. Jud. Cond. 4.5

As amended through October 9, 2024

Rule 4.5 - Candidacy for Non-Judicial Office

(A) Upon becoming a candidate for a non-judicial elective office, a judge shall resign from judicial office, unless permitted by law to continue to hold judicial 51 office, but regardless the judge must comply with all applicable provisions of this Code.

(B) Upon becoming a candidate for a non-judicial appointive office, a judge is not required to resign from judicial office, provided that the judge complies with State law and with applicable provisions of this Code.

Commentary:

[1] It is highly unlikely that any judge who engages in active campaigning for a non-judicial elective office could do so without violating a Canon 4 norm of permissible campaign practice. It is also more likely that such a judge will experience strict scrutiny of campaign behavior and will remain subject to professional discipline for any violation of the rules of judicial campaign behavior. Therefore, as suggested by this Rule, "resign to run" presents the better professional practice.

[2] In campaigns for non-judicial elective public office, candidates may make pledges, promises, or commitments related to positions they would take and ways they would act when elected to office. Although appropriate in campaigns for non-judicial elective office, this manner of campaigning is inconsistent with the role of judges, who must remain fair and impartial to all who bring disputes before them for resolution.

[3] This Rule ensures that judges who become candidates for nonjudicial elective office cannot misuse the judicial office to promote that candidacy, and prevents post-campaign retaliation by such judges in the event of their defeat in such an election.

Ga. Code. Jud. Cond. 4.5

Adopted effective January 1, 2016.