Opinion 86
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rules are 2-4.2 Campaign Conduct of Judges and Judicial Candidates, Subdivision (A)(6); and 2-4.1 Political Conduct of Judges and Judicial Candidates in General, Subdivision B.)
Issue:
May an associate circuit judge who is running for re-election allow court employees who are subject to his direction and control to pass our campaign literature and to speak on behalf of the judge?
Discussion:
Supreme Court Rule 2, Canon 7B(1) states:
In accordance with Canon 7B(1)(b), the court employees’ participation in the judge’s campaign is subject to the same restrictions that apply to the judge. The issue becomes whether the judge may speak in his behalf and hand out campaign literature. Since Supreme Court Rule 2 Canon 7A(2) allows a judge to “speak on his own behalf at political gatherings,” the court employees should also be allowed to participate in this campaign activity. However, both the judge and his court employees may not engage in campaign activities in the courthouse or during work hours.
In conclusion, in the Opinion of the Commission on Retirement, Removal and Discipline, the judge’s court employees, subject to his direction and control, may speak in his behalf and hand out campaign literature.
(Dated: September 21, 1982)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 86
Issue:
May an associate circuit judge who is running for re-election allow court employees who are subject to his direction and control to pass our campaign literature and to speak on behalf of the judge?
Discussion:
Supreme Court Rule 2, Canon 7B(1) states:
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 a merit system election: ...
(b) should prohibit public officials or employees subject to his direction or control from doing for him what he is prohibited from doing under this Canon; and except to the extent authorized under subsection B(2) or B(3), he should not allow any other person to do for him what he is prohibited from doing under this Canon;
In accordance with Canon 7B(1)(b), the court employees’ participation in the judge’s campaign is subject to the same restrictions that apply to the judge. The issue becomes whether the judge may speak in his behalf and hand out campaign literature. Since Supreme Court Rule 2 Canon 7A(2) allows a judge to “speak on his own behalf at political gatherings,” the court employees should also be allowed to participate in this campaign activity. However, both the judge and his court employees may not engage in campaign activities in the courthouse or during work hours.
In conclusion, in the Opinion of the Commission on Retirement, Removal and Discipline, the judge’s court employees, subject to his direction and control, may speak in his behalf and hand out campaign literature.
(Dated: September 21, 1982)