Supreme Court of Missouri
en banc

In re:

Repeal of subdivisions (1)(c) and (2) 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 (1)(c) and a new subdivision (2) of subdivision 2.03, Canon 5B, entitled “Campaign Conduct.”


1.  It is ordered that subdivisions (1)(c) and (2) of subdivision 2.03, Canon 5B of Rule 2 be and the same are hereby repealed and a new subdivision (1)(c) and a new subdivision (2) of subdivision 2.03, Canon 5B adopted in lieu thereof to read as follows: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:



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(c) shall not make pledges or promises of conduct in office other than the faithful and impartial performance of the duties of the office or misrepresent the candidate's identity, qualifications, present position, or other fact.

(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.


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

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

Day - to - Day

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MICHAEL A. WOLFF
Chief Justice