Opinion 114
(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, Subdivision E; and 2-4.2 Campaign Conduct of Judges and Judicial Candidates, Subdivision (A)(6).)
Issue:
May a spouse or may a court clerk of an associate circuit court judge hold the position of a city councilman or mayor?
Discussion:
Supreme Court Rule 2, Canon 7A concerns inappropriate political activity. Canon 7A entitled “Political Conduct in General” only concerns activity of the judge himself and does not extend to those activities of his family or his employees.
Supreme Court Rule 2, Canon 7B entitled “Campaign Conduct” concerns standards of conduct of a judicial candidate, including an incumbent judge for a judicial office. This Canon contains language restricting the political activities of the judge’s family and of his employees during the judicial campaign. It does not, however, restrict the political activities of the judge’s family or of his employees at any time other than during the judge’s campaign.
In the opinion of the Commission on Retirement, Removal and Discipline, there is nothing in the Code of Judicial Conduct that prevents the family of a judge, whether he is under the non-partisan court plan or runs for election, from holding the position of city councilman or mayor.
Supreme Court Rule 2, Canon 7A(5) states:
Concerning the question of whether the court employee of an associate circuit court judge may hold the position of city councilman or mayor, it depends on whether the associate circuit court judge is under the non-partisan court plan.
In the opinion of the Commission on Retirement, Removal and Discipline, if the associate circuit court judge is responsible for hiring or discharging the clerk and if the judge is under the non-partisan court plan, then Supreme Court Rule 2, Canon 7A(5) prevents that clerk from serving as a city councilman or mayor. On the other hand, if the associate circuit court judge runs for election, in the opinion of the Commission on Retirement, Removal and Discipline, there is nothing in the Code of Judicial Conduct that prevents the clerk from holding the position of city councilman or mayor.
In any of the situations where the judge’s spouse or clerk are allowed to hold the position of city councilman or mayor, the judge should take care to insure his name is not used in conjunction with any such political campaigns. Further, the judge should insure that the political activities of any employee do not interfere with the administrative responsibilities and operation of the court. Campaign activities and any other political activity should not be allowed during the working hours of the court.
(Dated: October 28, 1985)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 114
Issue:
May a spouse or may a court clerk of an associate circuit court judge hold the position of a city councilman or mayor?
Discussion:
Supreme Court Rule 2, Canon 7A concerns inappropriate political activity. Canon 7A entitled “Political Conduct in General” only concerns activity of the judge himself and does not extend to those activities of his family or his employees.
Supreme Court Rule 2, Canon 7B entitled “Campaign Conduct” concerns standards of conduct of a judicial candidate, including an incumbent judge for a judicial office. This Canon contains language restricting the political activities of the judge’s family and of his employees during the judicial campaign. It does not, however, restrict the political activities of the judge’s family or of his employees at any time other than during the judge’s campaign.
In the opinion of the Commission on Retirement, Removal and Discipline, there is nothing in the Code of Judicial Conduct that prevents the family of a judge, whether he is under the non-partisan court plan or runs for election, from holding the position of city councilman or mayor.
Supreme Court Rule 2, Canon 7A(5) states:
Persons appointed by a circuit or associate circuit judge selected pursuant to section 25(a)-(g) of Article V of the 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.
Concerning the question of whether the court employee of an associate circuit court judge may hold the position of city councilman or mayor, it depends on whether the associate circuit court judge is under the non-partisan court plan.
In the opinion of the Commission on Retirement, Removal and Discipline, if the associate circuit court judge is responsible for hiring or discharging the clerk and if the judge is under the non-partisan court plan, then Supreme Court Rule 2, Canon 7A(5) prevents that clerk from serving as a city councilman or mayor. On the other hand, if the associate circuit court judge runs for election, in the opinion of the Commission on Retirement, Removal and Discipline, there is nothing in the Code of Judicial Conduct that prevents the clerk from holding the position of city councilman or mayor.
In any of the situations where the judge’s spouse or clerk are allowed to hold the position of city councilman or mayor, the judge should take care to insure his name is not used in conjunction with any such political campaigns. Further, the judge should insure that the political activities of any employee do not interfere with the administrative responsibilities and operation of the court. Campaign activities and any other political activity should not be allowed during the working hours of the court.
(Dated: October 28, 1985)