Opinion 174
(This Opinion discusses a prior version of the Canons of Judicial Conduct; the most comparable current rule is 2-4.2 Campaign Conduct of Judges and Judicial Candidates, Subdivisions (B) and (C).)
Issue:
Does the amendment to Supreme Court Rule 2, Canon 5B(2) [formerly Canon 7B(2)] allow a judicial candidate to personally ask permission to erect yard signs in support of the candidate’s elections?
Discussion:
Supreme Court Rule 2, Canon 7B(2), provided: “A candidate including an incumbent judge, for a judicial office that is filled by public election between competing candidates should not ... solicit publicly stated support, but the candidate may establish committees of responsible persons to obtain public statements of support for the candidacy.”
Pursuant to Canon 7B(2), it was the Commission’s opinion that erecting a yard sign was an expression of “publicly stated support” and as such, a judicial candidate violated Canon 7B(2) by seeking permission to erect yard signs.
Effective July 1, 1999, the Supreme Court amended Canon 5B(2)(formerly Canon 7B(2)) by dropping the prohibition against a judge or candidate seeking “publicly stated support." As the basis of Opinion 171’s prohibition against a judge seeking permission to erect yard signs was the language on Canon 7B(2) prohibiting soliciting “publicly stated support,” Opinion 171 is no longer valid and is withdrawn.
As of July 1, 1999, judges and judicial candidates may, therefore, seek publicly stated support including asking permission to erect yard signs.
(Dated: July 1, 1999)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 174
Issue:
Does the amendment to Supreme Court Rule 2, Canon 5B(2) [formerly Canon 7B(2)] allow a judicial candidate to personally ask permission to erect yard signs in support of the candidate’s elections?
Discussion:
Supreme Court Rule 2, Canon 7B(2), provided: “A candidate including an incumbent judge, for a judicial office that is filled by public election between competing candidates should not ... solicit publicly stated support, but the candidate may establish committees of responsible persons to obtain public statements of support for the candidacy.”
Pursuant to Canon 7B(2), it was the Commission’s opinion that erecting a yard sign was an expression of “publicly stated support” and as such, a judicial candidate violated Canon 7B(2) by seeking permission to erect yard signs.
Effective July 1, 1999, the Supreme Court amended Canon 5B(2)(formerly Canon 7B(2)) by dropping the prohibition against a judge or candidate seeking “publicly stated support." As the basis of Opinion 171’s prohibition against a judge seeking permission to erect yard signs was the language on Canon 7B(2) prohibiting soliciting “publicly stated support,” Opinion 171 is no longer valid and is withdrawn.
As of July 1, 1999, judges and judicial candidates may, therefore, seek publicly stated support including asking permission to erect yard signs.
(Dated: July 1, 1999)