First Adopted: January 29, 1998
Most Recently Effective: January 01, 2012
Rule 2 | Canon 4 | A Judge or Candidate for Judicial Office Shall Not Engage in Political or Campaign Activity that is Inconsistent with the Independence, Integrity, or Impartiality of the Judiciary
2- 4. 2 | Campaign Conduct of Judges and Judicial Candidates
(A) 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 the non-partisan court plan:
(1) shall maintain the dignity appropriate to judicial office and shall encourage members of the candidate's family to adhere to the same standards of political conduct that apply to the candidate;
(2) shall comply with all applicable election, election campaign, and election campaign fund-raising laws and regulations;
(3) shall not make pledges or promises of conduct in office other than the faithful and impartial performance of the duties of the office;
(4) shall review and approve the content of all campaign statements and materials produced by the candidate before their dissemination;
(5) shall not knowingly or with reckless disregard for the truth make any false or misleading statement or misrepresent the candidate's identity, qualifications, present position, or other fact; and
(6) shall prohibit public officials or employees subject to the candidate's direction or control from doing for the candidate what the candidate is prohibited from doing under this Canon 4; and except to the extent authorized under Rule 2-4.2(B) or Rule 2-4.2(C), such candidate shall not allow any other person to do for the candidate what the candidate is prohibited from doing under this Canon 4.
(B) A candidate, including an incumbent judge, for a judicial office that is filled by public election between competing candidates shall not solicit or accept campaign funds in a courthouse or on courthouse grounds. Such candidate shall not solicit in person campaign funds from persons likely to appear before the judge. A candidate may make a written campaign solicitation for campaign funds of any person or group, including any person or group likely to appear before the judge.
The candidate may establish committees of responsible persons to secure and manage the expenditure of funds for the campaign. Such committees are not prohibited from soliciting campaign contributions in person and may distribute the candidate's written requests for campaign funds.
A candidate shall not use or permit the use of campaign contributions for the private benefit of the candidate or members of the candidate's family.
(C) An incumbent judge who is a candidate for retention in or reelection to office without a competing candidate, and whose candidacy has drawn active opposition, may campaign in response thereto and may obtain publicly stated support and campaign funds in the manner provided in Rule 2-4.2(B).
Comment
[1] Under Rule 4-8.2(b) a lawyer who is a candidate for judicial office must comply with the applicable provisions of the Code of Judicial Conduct.
A candidate for judicial office should consider whether his or her conduct may create grounds for recusal for actual bias or a probability of bias pursuant to Caperton v. A.T. Massey Coal Co., 556 U.S. ___ (2009), or whether the conduct otherwise may create grounds for recusal under this Rule 2 if the candidate is elected to or retained in judicial office.
(Adopted January 29, 1998, effective January 1, 1999. Amended July 20, 2011, effective January 1, 2012.)