Canon 4 - A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary RULE 4.1Political and Campaign Activities of Judges and Judicial Candidates in General
(A) Except as permitted by law,* or by Rules 4.2, 4.3, and 4.4, a judge or a judicial candidate* shall not: (1) act as a leader in, or hold an office in, a political organization;* (2) make speeches on behalf of a political organization;* (3) publicly endorse or oppose a candidate for any public office; (4) solicit funds for, pay an assessment to, or make a contribution* to a political organization* or a candidate for public office; (5) attend or purchase tickets for dinners or other events sponsored by a political organization* or a candidate for public office; (6) engage in any other political activity except on behalf of measures to improve the law, legal system or the administration of justice or except as permitted under the sections of this Canon. (B) A judge or judicial candidate* shall take reasonable measures to ensure that other persons do not undertake, on behalf of the judge or judicial candidate,* any activities prohibited under paragraph (A). COMMENT
PARTICIPATION IN POLITICAL ACTIVITIES
[1] Public confidence in the independence and impartiality of the judiciary is eroded if judges or judicial candidates are perceived to be subject to political influence. Although judges and judicial candidates may register to vote as members of a political party, they are prohibited by paragraph (A)(1) from assuming leadership roles in political organizations. [2] Paragraphs (A)(2) and (A)(3) prohibit judges and judicial candidates from making speeches on behalf of political organizations or publicly endorsing or opposing candidates for public office, respectively, to prevent them from abusing the prestige of judicial office to advance the interests of others. See Rule 1.3. [3] Although members of the families of judges and judicial candidates are free to engage in their own political activity, including running for public office, there is no "family exception" to the prohibition in paragraph (A)(3) against a judge or candidate publicly endorsing candidates for public office. A judge or judicial candidate must not become involved in, or publicly associated with, a family member's political activity or campaign for public office. To avoid public misunderstanding, judges and judicial candidates 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. [4] Judges and judicial candidates retain the right to participate in the political process as voters in both primary and general elections. For purposes of this Canon, participation in a caucus-type election procedure does not constitute public support for or endorsement of a political organization or candidate, and is not prohibited by paragraphs (A)(2) or (A)(3). RULE 4.2Political and Campaign Activities of Judicial Candidates in Public Retention Elections
(A) A judge who is a candidate* for retention in office shall: (1) act at all times in a manner consistent with the independence,* integrity,* and impartiality* of the judiciary; (2) comply with all applicable retention election, retention election campaign, and retention election campaign fund-raising laws and regulations of this jurisdiction; (3) maintain the dignity appropriate to judicial office, and shall encourage members of his or her family to adhere to the same standards of political conduct that apply to the judge; (4) prohibit public officials or employees subject to the judge's direction or control from doing for the judge what he or she is prohibited from doing under this Canon; and except to the extent authorized under subsection (B), the judge shall not allow any other person to do for the judge what he or she is prohibited from doing under this Canon; (5) not make pledges or promises of conduct in office other than the faithful and impartial* performance of the duties of the office; announce how the judge would rule on any case or issue that might come before the judge; or misrepresent his or her identity, qualifications, present position, or other fact. (B) A judge who is a candidate* for retention in office shall abstain from any campaign activity in connection with the judge's own candidacy unless there is active opposition to his or her retention in office. If there is active opposition to the retention of a candidate* judge: (1) the judge may speak at public meetings; (2) the judge may use advertising media, provided that the advertising media is within the bounds of proper judicial decorum; (3) a nonpartisan citizens' committee or committees advocating the judge's retention in office may be organized by others, either on their own initiative or at the request of the judge; (4) any committee organized pursuant to subsection (B)(3) may raise funds for the judge's retention election campaign, but the judge shall not solicit funds personally or accept any funds except those paid to the judge by a committee for reimbursement of the judge's retention election campaign expenses; and, (5) the judge shall not be advised of the source of funds raised by the committees. (6) the judge shall not knowingly,* or with reckless disregard for the truth, make any false or misleading statement; (7) the judge 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; or (8) the judge shall not in connection with cases, controversies, or issues that are likely to come before the court, make pledges, promises, or commitments that are inconsistent with the impartial* performance of the adjudicative duties of judicial office. COMMENT
[1] Section 4.2(B) allows judges seeking retention in office to engage in certain activities if there is active opposition to their retention. Active opposition is difficult to define, but is intended to include any form of public opposition. The term is meant to be broadly construed. [2] A judge may respond to unsolicited requests from non-partisan groups to provide general biographical information concerning the judge or the judge's candidacy for retention. A judge may also provide, without request, general information pertaining to the retention and selection of judges and the general functions of the judiciary. [3] A judge is encouraged to educate the public about the role of the judiciary and the process of judicial selection. Any such educational efforts are not campaign activity. RULE 4.3Activities of Candidates for Appointive Judicial Office
A candidate for appointment to judicial office may:
(A) communicate with the appointing or confirming authority, including any selection, screening, or nominating commission or similar agency; and (B) seek endorsements for the appointment from any individual. COMMENT
When seeking support or endorsement, or when communicating directly with an appointing or confirming authority, a candidate for appointive judicial office must not make any pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of the office. See Rule 4.2(B)(8).
RULE 4.4Activities of Judges Who Become Nonjudicial Candidates
(A) A judge shall resign his or her judicial office when the judge becomes a candidate for a nonjudicial* elective office, except the judge may continue to hold his or her judicial office while a candidate for election to or serving as a delegate in a state or federal constitutional convention, if otherwise permitted by law* to do so. (B) Upon becoming a nonjudicial candidate* for an appointive office, a judge is not required to resign from judicial office, provided that the judge complies with the other provisions of this Code. COMMENT
[1] In campaigns for nonjudicial elective public office, candidates may make pledges, promises, or commitments related to positions they would take and ways they would act if elected to office. Although appropriate in nonjudicial campaigns, this manner of campaigning is inconsistent with the role of a judge, who must remain fair and impartial to all who come before him or her. The potential for misuse of the judicial office, and the political promises that the judge would be compelled to make in the course of campaigning for nonjudicial elective office, together dictate that a judge who wishes to run for such an office must resign upon becoming a candidate. [2] The "resign to run" rule set forth in paragraph (A) ensures that a judge cannot use the judicial office to promote his or her candidacy, and prevents post-campaign retaliation from the judge in the event the judge is defeated in the election. When a judge is seeking appointive nonjudicial office, however, the dangers are not sufficient to warrant imposing the "resign to run" rule. Adopted June 23, 2009, effective July 1, 2009.