Rule 4.3 - Political Conduct of Candidates for Election as Judge of Probate or Assistant Judge(A) Except as provided in this Rule 4.3, a candidate for election or reelection as a probate or assistant judge shall comply with all applicable provisions of Rules 4.1(A)(1) and 4.2.(B) A candidate for election or reelection as judge of probate or assistant judge may, while a candidate, (1) speak to gatherings on the candidate's own behalf;(2) appear in newspaper, television and other media advertisements supporting the candidacy;(3) distribute pamphlets and other promotional campaign literature supporting the candidacy; and(4) publicly endorse or publicly oppose any candidate for the same office.(C) A candidate for election or reelection as a probate or assistant judge shall not personally solicit or accept campaign contributions or personally solicit publicly stated support. A candidate may, however, establish committees of responsible persons to conduct campaigns for the candidate through media advertisements, brochures, mailings, candidate forums, and other means not prohibited by law. Such committees may solicit and accept campaign contributions not to exceed $ 250.00 from any single source, manage the expenditure of funds for the candidate's campaign and obtain public statements of support for the candidacy. Subject to Rule 2.11(A)(4), such committees are not prohibited from soliciting and accepting reasonable campaign contributions and public support from lawyers. A candidate's committees may solicit contributions and public support for the candidate's campaign no earlier than 90 days before a primary election and no later than 90 days after the last election in which the candidate participates during the election year. A candidate shall not use or permit the use of campaign contributions for the private benefit of the candidate or others and is responsible for ensuring that his or her campaign committee complies with applicable provisions of this Code and other applicable law. Vt. Admin. Ord. Of. Sup. Ct. 4.3
Amended August 6, 2019, eff. 10/7/2019.Reporter's Notes
Rule 4.3 carries forward Vermont Code 1994, Canon 5C, 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. The second clause of the final sentence of Rule 4.3(C) is adapted from ABA Code 2007, Rule 4(A). It is intended to make explicit the assumptions underlying Section 5C(3) of Vermont Code 1994. See ABA Reporter's Explanation 159. Rule 2.11(A)(4) requires disqualification if any contribution has been received within five years from a lawyer appearing before the judge.