Supreme Court of Missouri
en banc

In re:

Repeal of subdivision 2.03, Canon 5B, entitled "Campaign Conduct," of Rule 2, entitled "Code of Judicial Conduct," and in lieu thereof adoption of a new subdivision 2.03, Canon 5B, entitled "Campaign Conduct," and a Commentary thereto.
1.  It is ordered that subdivision 2.03, Canon 5B of Rule 2 be and the same is hereby repealed and a new subdivision 2.03, Canon 5B and a Commentary thereto adopted in lieu thereof to read as follows:

2.03, Canon 5  A JUDGE AND CERTAIN OF THE JUDGE'S EMPLOYEES SHALL REFRAIN FROM INAPPROPRIATE POLITICAL ACTIVITY



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B. Campaign Conduct.

(1) 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:


(a) 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;

(b) shall comply with all applicable election, election campaign, and election campaign fund-raising laws and regulations;

(c) shall not make pledges or promises of conduct in office other than the faithful and impartial performance of the duties of the office;

(d) shall review and approve the content of all campaign statements and materials produced by the candidate before their dissemination;

(e) 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

(f) 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 5; and except to the extent authorized under Canon 5B(2) or Canon 5B(3), such candidate shall not allow any other person to do for the candidate what the candidate is prohibited from doing under this Canon 5.

(2) 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.

(3) 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 Canon 5B(2).

Commentary

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., ___ 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. 

 

3.  It is ordered that notice of this order be published in the Journal of The Missouri Bar.

4.  It is ordered that this order be published in the South Western Reporter.

Day - to - Day

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WILLIAM RAY PRICE, JR.
Chief Justice