Supreme Court of Missouri
en banc

In Re: Enforcement of Rule 2.03, Canon 5.B.(1)(c)

In consideration of Republican Party of Minnesota, et al. v. White, et al., 536 U.S. ___ (2002), that portion of Rule 2.03, Canon 5.B.(1)(c), that states, "A candidate, including an incumbent judge, for a judicial office shall not announce views on disputed legal issues," shall not be enforced against candidates for judicial office that is filled:

(1) By public election between competing candidates; or

(2) By candidates appointed to or retained in office in the manner prescribed in sections 25(a)-(g) of article V of the state constitution, but only when their candidacy has drawn active opposition.

Rule 2.03, Canon 5.B.(1)(c), which states,

A candidate, including an incumbent judge, for a judicial office shall not make pledges or promises of conduct in office other than the faithful and impartial performance of the duties of office; announce views on disputed legal issues; or misrepresent the candidate's identity, qualifications, present position, or other fact.
shall otherwise remain in full force and effect.

Recusal, or other remedial action, may nonetheless be required of any judge in cases that involve an issue about which the judge has announced his or her views as otherwise may be appropriate under the Code of Judicial Conduct.

Day - to - Day

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Stephen N. Limbaugh, Jr.
Chief Justice