Md. R. Jud. & Judi. Appts. 18-104.4

As amended through November 13, 2024

Rule 18-104.4 - Political Conduct of Candidate for Election (Aba 4.4)

A candidate for election:

(a) shall comply with all applicable election laws and regulations;

(b) shall act at all times in a manner consistent with the independence, integrity, and impartiality of the judiciary and maintain the dignity appropriate to judicial office;

(c) subject to the other provisions of this Rule, may engage in partisan political activity allowed by law with respect to such candidacy, and, in that regard:

(1) may publicly endorse or oppose candidates for the same judicial office;

(2) may attend or purchase tickets for dinners or other events sponsored by a political organization or a candidate for public office; and

(3) may seek, accept, and use endorsements from any person; but

(4) shall not act as a leader in or hold office in a political organization, make a speech for a candidate or political organization, or publicly endorse a candidate for non-judicial office.

(d) As to statements and materials made or produced during a campaign:

(1) shall review, approve, and be responsible for the content of all campaign statements and materials produced by the candidate or by the candidate's campaign committee or other authorized agents;

(2) shall take reasonable measures to ensure that other persons do not undertake on behalf of the candidate activities that the candidate is prohibited from doing by this Rule;

(3) with respect to a case, controversy, or issue that is likely to come before the court, shall not make a commitment, pledge, or promise that is inconsistent with the impartial performance of the adjudicative duties of the office;

(4) shall not make any statement that would reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court;

(5) shall not knowingly, or with reckless disregard for the truth, misrepresent the candidate's identity or qualifications, the identity or qualifications of an opponent, or any other fact, or make any false or misleading statement;

(6) may speak or write on behalf of the candidate's candidacy through any medium, including advertisements, websites, or other campaign literature; and

(7) subject to section (b) of this Rule, may respond to a personal attack or an attack on the candidate's record.

Md. R. Jud. & Judi. Appts. 18-104.4

This Rule is derived from former Rule 4.4 of Rule 16-813(2016).

Adopted June 6, 2016, eff. 7/1/2016; amended March 1, 2024, eff. 7/1/2024.

COMMENT

[1] This Rule is derived in part from former Md. Code of Judicial Conduct Canon 5B and from the 2007 ABA Code, but it has been substantially reorganized into three basic segments: general requirements (sections (a) and (b)); the extent to which candidates for election may engage in partisan political conduct (section (c)); and the rules governing campaign statements (section (d)).

[2] Rule 18-104.4(a) requires candidates for election to comply with all election laws and regulations. The Election Law Article of the Maryland Code contains laws governing candidates, campaign contributions, finance, expenditures, and reporting. Those requirements are supplemented by regulations adopted by the State Board of Elections. Candidates for election must become familiar with applicable laws and regulations and comply with them.

[3] Public confidence in the independence and impartiality of the judiciary is eroded if judges or candidates for judicial office are perceived to be subject to political influence. Although they may register to vote as members of a political party, they are prohibited by Rule 18-104.4(c)(4) from assuming leadership roles in political organizations.

[4] Rule 18-104.4(c)(4) also prohibits candidates for election from making speeches on behalf of political organizations or publicly endorsing or opposing candidates for public office, to prevent them from abusing the prestige of judicial office to advance the interests of others. See Rule 18-101.3. Rule 18-104.4 does not prohibit candidates for election from (a) campaigning on their own behalf, (b) endorsing or opposing candidates for election to the same judicial office for which they are running, or (c) from having their name on the same sample ballot as a candidate for another public office.

[5] Although members of the families of candidates for election are free to engage in their own political activity, including running for public office, there is no "family exception to the prohibition in Rule 18-104.4(c)(4) against publicly endorsing candidates for public office. A candidate for election must not become involved in, or be publicly associated with, a family member's political activity or campaign for public office. To avoid public misunderstanding, candidates for election should take, and should urge members of their families to take, reasonable steps to avoid any implication that they endorse any family member's candidacy or other political activity.

[6] Judicial candidates must be scrupulously fair and accurate in all statements made by them and by their campaign committees. Rule 18-104.4(d)(5) obligates them to refrain from making statements that are false or misleading, or that omit facts necessary to make the communication considered as a whole not materially misleading. Rule 18-104.4(d)(1) requires the candidate to review and approve the content of statements made by the candidate's campaign committee or other authorized agents and makes the candidate responsible for those statements.

[7] Candidates for election are sometimes the subject of false, misleading, or unfair allegations made by opposing candidates, third parties, or the media. As long as the candidate for election does not violate Rule 18-104.4(d), the candidate may make a factually accurate public response, although it is preferable for someone else to respond if the allegations relate to a pending case. If an independent third party has made unwarranted attacks on a candidate for election's opponent, the candidate for election may disavow the attacks and request the third party to cease and desist.

[8] Rule 18-104.4(d)(3) prohibits candidates for election, with regard to cases or issues likely to come before the court, from making a commitment, promise, or pledge that is inconsistent with the impartial performance of the adjudicative duties of the office. The making of a commitment, promise, or pledge is not dependent on, or limited to, the use of any specific words or phrases. The totality of the statement must be examined to determine if a reasonable person would believe that the candidate has specifically undertaken to reach a particular result. Commitments, promises, and pledges must be contrasted with statements or announcements of personal views on legal, political, or other issues, which are not prohibited. When making such statements, a judge should acknowledge the overarching judicial obligation to apply and uphold the law, without regard to the judge's personal views.

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