Opinion 31
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rules are 2-4.1 Political Conduct of Judges and Judicial Candidates in General, Subdivisions (B) and (D).)
Issue:
May a judge who is not under the non-partisan court plan attend political meetings and dinners.
Secondly, may the judge buy a ticket for these dinners and meetings which is not proportionate to the cost of the meal itself.
Discussion:
The appropriate Canons of Judicial Conduct are as follows:
It is clear that a judge who must run for election may attend political gatherings on his own behalf. Additionally, since he may make contributions to the campaign funds of his party, there is no prohibition against paying for a ticket which is disproportionate to the cost of the meal providing, however, the contribution goes to a political party and not a specific individual’s campaign fund. The judge’s activities at such meetings and dinners should be confined to speaking on his own behalf. He should not solicit funds, act as a party leader, or advocate the election of anyone other than himself.
(Undated)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 31
Issue:
May a judge who is not under the non-partisan court plan attend political meetings and dinners.
Secondly, may the judge buy a ticket for these dinners and meetings which is not proportionate to the cost of the meal itself.
Discussion:
The appropriate Canons of Judicial Conduct are as follows:
Canon 7A(2)
Canon 7A(4)
“(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 to speak on his own behalf at political gatherings, and may make contributions to the campaign funds of the party of his choice. However, he should neither accept nor retain a place on any party committee, nor act as party leader, nor solicit contributions to party funds.”
Canon 7A(4)
“(4) A judge should not engage in any other political activity except on behalf of measures to improve the law, the legal system, or the administration of justice.”
It is clear that a judge who must run for election may attend political gatherings on his own behalf. Additionally, since he may make contributions to the campaign funds of his party, there is no prohibition against paying for a ticket which is disproportionate to the cost of the meal providing, however, the contribution goes to a political party and not a specific individual’s campaign fund. The judge’s activities at such meetings and dinners should be confined to speaking on his own behalf. He should not solicit funds, act as a party leader, or advocate the election of anyone other than himself.
(Undated)