Opinion 35
(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 (C).)
Issue:
Can an Associate Circuit Judge run for the office of Circuit Judge without resigning his office if the election for Circuit Judge is during the term of the Associate Circuit Judge and in a year in which the Associate Circuit Judge is not required to run for reelection.
Discussion:
Supreme Court Rule 2, Canon 7(A)(3) states:
Canon 7(A)(3) only to candidates for non-judicial office. Additionally, Canon 7(A)(2) allows an incumbent judge to attend political gatherings and speak on his own behalf. It is the Commission’s opinion, therefore, that an Associate Circuit Judge need not resign his office while campaigning for the office of Circuit Judge.
(Dated: January 11, 1980)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 35
Issue:
Can an Associate Circuit Judge run for the office of Circuit Judge without resigning his office if the election for Circuit Judge is during the term of the Associate Circuit Judge and in a year in which the Associate Circuit Judge is not required to run for reelection.
Discussion:
Supreme Court Rule 2, Canon 7(A)(3) states:
“(3) A judge should resign his office when he becomes a candidate either in a party primary or in a general election for a non-judicial office, except that he may continue to hold his judicial office while being a candidate for election to or serving as a delegate in a state constitutional convention, if he is otherwise permitted by law to do so.”
Canon 7(A)(3) only to candidates for non-judicial office. Additionally, Canon 7(A)(2) allows an incumbent judge to attend political gatherings and speak on his own behalf. It is the Commission’s opinion, therefore, that an Associate Circuit Judge need not resign his office while campaigning for the office of Circuit Judge.
(Dated: January 11, 1980)