Supreme Court Rules - Rule 2 - Rules Governing the Missouri Bar and the Judiciary - Code of Judicial Conduct: Canon 5 - A Judge and Certain of the Judge's Employees Shall Refrain From Inappropriate Political Activity

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		Section/Rule:	2.03
Subject:	Rule 2 - Rules Governing the Missouri Bar and the Judiciary - Code of Judicial Conduct	Publication / Adopted Date:	January 29, 1998
Topic:	Canon 5 - A Judge and Certain of the Judge's Employees Shall Refrain From Inappropriate Political Activity	Revised / Effective Date:	February 8, 2010

2.03. Canon 5. A Judge and Certain of the Judge’s Employees Shall Refrain From Inappropriate Political Activity

A. Political Conduct in General.

(1) No judge appointed to or retained in office in the manner prescribed in

section 25(a)-(g) of article V

of the state constitution shall directly or indirectly make any contribution to or hold any office in a political party or organization or take part in any political campaign.

(2) Where it is necessary that a judge be nominated and elected as a candidate of a political party, an incumbent judge or candidate for election to judicial office may attend or speak on the judge or candidate's own behalf at political gatherings and may make contributions to the campaign funds of the party of choice. However, neither the judge nor the candidate shall accept or retain a place on any party committee or act as party leader or solicit contributions to party funds.

(3) A judge shall resign judicial office when the judge becomes a candidate either in a party primary or in a general election for a nonjudicial office, except that a judge may continue to hold judicial office while being a candidate for election to or serving as a delegate in a state constitutional convention, if otherwise permitted by law to do so.

(4) A judge shall not engage in any other political activity except on behalf of measures to improve the law, the legal system, or the administration of justice.

(5) Persons appointed as a circuit or associate circuit judge selected pursuant to

section 25(a)-(g) of article V

of the state constitution and their employees shall not directly or indirectly make any contributions to or hold an office in a political party or organization or take part in any political campaign.

B. Campaign Conduct.

(1) A candidate, including an incumbent judge, for a judicial office that is filled either by public election between competing candidates or on the basis of the non-partisan court plan:

(a) shall maintain the dignity appropriate to judicial office and shall encourage members of the candidate's family to adhere to the same standards of political conduct that apply to the candidate;

(b) shall comply with all applicable election, election campaign, and election campaign fund-raising laws and regulations;

(c) shall not make pledges or promises of conduct in office other than the faithful and impartial performance of the duties of the office;

(d) shall review and approve the content of all campaign statements and materials produced by the candidate before their dissemination;

(e) shall not knowingly or with reckless disregard for the truth make any false or misleading statement or misrepresent the candidate's identity, qualifications, present position, or other fact; and

(f) shall prohibit public officials or employees subject to the candidate's direction or control from doing for the candidate what the candidate is prohibited from doing under this Canon 5; and except to the extent authorized under

Canon

5B(2)

Canon 5B(3)

, such candidate shall not allow any other person to do for the candidate what the candidate is prohibited from doing under this Canon 5.

(2) A candidate, including an incumbent judge, for a judicial office that is filled by public election between competing candidates shall not solicit or accept campaign funds in a courthouse or on courthouse grounds. Such candidate shall not solicit in person campaign funds from persons likely to appear before the judge. A candidate may make a written campaign solicitation for campaign funds of any person or group, including any person or group likely to appear before the judge.

The candidate may establish committees of responsible persons to secure and manage the expenditure of funds for the campaign. Such committees are not prohibited from soliciting campaign contributions in person and may distribute the candidate's written requests for campaign funds.

A candidate shall not use or permit the use of campaign contributions for the private benefit of the candidate or members of the candidate's family.

(3) An incumbent judge who is a candidate for retention in or reelection to office without a competing candidate, and whose candidacy has drawn active opposition, may campaign in response thereto and may obtain publicly stated support and campaign funds in the manner provided in

Canon 5B(2)

Commentary

Under

Rule 4-8.2(b)

a lawyer who is a candidate for judicial office must comply with the applicable provisions of the Code of Judicial Conduct.

A candidate for judicial office should consider whether his or her conduct may create grounds for recusal for actual bias or a probability of bias pursuant to

Caperton v. A.T. Massey Coal Co

., ___

U.S. ___ (2009), or whether the conduct otherwise may create grounds for recusal under this Rule 2 if the candidate is elected to or retained in judicial office.

(Adopted Jan. 29, 1998, eff. Jan. 1, 1999. Amended April 27, 1999, eff. July 1, 1999. Amended May 2, 2006, eff. May2, 2006; Amended Feb. 8, 2010, eff. Feb. 8, 2010.)