Rule 4.2 - Political Conduct of Candidates for Appointment to or Confirmation or Retention in Public Office(A) A candidate for appointment to, or confirmation or retention in, state judicial office, or for appointment to any other public office,(1) if an incumbent judge, shall at all times comply with all provisions of these Canons except as expressly permitted in this Rule 4.2;(2) if a candidate for initial appointment to state judicial office, shall maintain the dignity appropriate to judicial office and act in a manner consistent with the integrity and independence of the judiciary, and shall encourage members of the candidate's family to adhere to the same standards of political conduct in support of the candidate as apply to the candidate;(3) shall prohibit employees and officials who serve at the pleasure of the candidate, and shall discourage other employees and officials subject to the candidate's direction and control, from doing on the candidate's behalf what the candidate is prohibited from doing under Rules 4.1-4.4;(4) shall not: (a) if a candidate for state judicial office, make pledges or promises of judicial conduct other than the faithful and impartial performance of the duties of the office;(b) if a candidate for state judicial office, make statements that commit or appear to commit the candidate with respect to cases, controversies, or issues that are likely to come before the court;(c) knowingly misrepresent the identity, qualifications, present position, or other fact concerning the candidate or any other candidate;(d) solicit or accept funds, personally or through a committee or otherwise, to support the candidacy;(e) engage in any political activity to secure the appointment, except that such persons may: (i) communicate personally or through a paid lobbyist or other representative with the Judicial Nominating Board, the office of the Governor, the Joint Committee on Judicial Retention, and members of the General Assembly, or any other nominating, appointing, or confirming authority; (ii) seek support or endorsement for the appointment from individuals and organizations;(iii) provide to those specified in Rules 4.2(A)(4)(e)(i) and (ii) information as to the candidate's qualifications for office; and(iv) if not an incumbent judge, retain an office in a political party or organization, participate in political caucuses or meetings, and continue to pay ordinary assessments and make ordinary contributions to a political party, organization, or candidate, and purchase tickets for political party dinners or other functions.(f) authorize or knowingly permit any other person to do for the candidate what the candidate is prohibited from doing under Rules 4.1-4.4;(5) may respond to personal attacks or attacks on the candidate's record so long as the response does not violate Rule 4.2(A)(4).Vt. Admin. Ord. Of. Sup. Ct. 4.2
Amended August 6, 2019, eff. 10/7/2019.Reporter's Notes
Rule 4.2 carries forward Vermont Code 1994, Canon 5B, with changes to conform to the numbering and style of ABA Code 2007. See Reporter's Notes to Vermont Code 1994, Canon 5, and first and second 2012 amendments.