Opinion 50
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rule is 2-4.1 Political Conduct of Judges and Judicial Candidates in General, Subdivision (B).)
Issue:
Where it is necessary that a judge be nominated and elected as a candidate of a political party may an incumbent judge attend and speak on his own behalf at political gatherings and may he make contributions to the campaign funds of the party of his choice during a year in which he is not running for reelection?
Discussion:
Supreme Court Rule 2, Canon 7A(2) states:
It is the opinion of the Commission on Retirement, Removal and Discipline that the words “incumbent judge” in this rule refers to all incumbent judges and not only to incumbent judges that are seeking reelection during the current campaign year. Accordingly, a judge who must be nominated and elected as a candidate of a political party may attend political gatherings and speak on his own behalf and may make contributions to the campaign fund of the party of his choice regardless of whether he is running for reelection.
(Dated: January 12, 1981)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 50
OPINION 50
Issue:
Where it is necessary that a judge be nominated and elected as a candidate of a political party may an incumbent judge attend and speak on his own behalf at political gatherings and may he make contributions to the campaign funds of the party of his choice during a year in which he is not running for reelection?
Discussion:
Supreme Court Rule 2, Canon 7A(2) states:
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 his own behalf at political gatherings, and may make contributions to the campaign funds of the party of his choice.
It is the opinion of the Commission on Retirement, Removal and Discipline that the words “incumbent judge” in this rule refers to all incumbent judges and not only to incumbent judges that are seeking reelection during the current campaign year. Accordingly, a judge who must be nominated and elected as a candidate of a political party may attend political gatherings and speak on his own behalf and may make contributions to the campaign fund of the party of his choice regardless of whether he is running for reelection.
(Dated: January 12, 1981)