Rule 4.2 Political and Campaign Activities of Judicial Candidates in Public Elections

(A) A judicial candidate in a retention, nonpartisan, or partisan public election shall:

(1) act at all times in a manner consistent with the independence, integrity, and impartiality of the judiciary;

(2) comply with all applicable election, election campaign, and election campaign fund-raising laws and regulations of this jurisdiction;

(3) review and approve the content of all campaign statements and materials produced by the candidate or his or her campaign committee, as authorized by Rule 4.4, before their dissemination; and

(4) take reasonable measures to ensure that other persons do not undertake on behalf of the candidate activities, other than those described in Rule 4.4, that the candidate is prohibited from doing by Rule 4.1.

(B) A candidate for retention to judicial office may, unless prohibited by law, and not earlier than one year before the retention election in which the candidate is running:

(1) establish a campaign committee pursuant to the provisions of Rule 4.4;

(2) speak on behalf of his or her candidacy through any medium, including but not limited to advertisements, websites, or other campaign literature and;

(3) obtain and use publicly stated support from any person or organization other than a partisan political organization.

(C) A candidate for nonpartisan election to judicial office may, unless prohibited by law, and not earlier than one year before the first applicable primary election, caucus, or general election in which the candidate is running:

(1) establish a campaign committee pursuant to the provisions of Rule 4.4;

(2) speak on behalf of his or her candidacy or against any opponents’ candidacies through any medium, including but not limited to advertisements, websites, or other campaign literature; and

(3) obtain and use publicly stated support from any person or organization other than a partisan political organization.

(D) A judge or a judicial candidate subject to partisan public election may, unless prohibited by law:

(1) at any time

(a) attend or purchase tickets for dinners or other events sponsored by a political organization or a candidate for public office:

(b) identify himself or herself as a member of a political party; and

(c) contribute to a political organization;

(2) establish a campaign committee pursuant to the provisions of Rule 4.4;

(3) when a candidate for election

(a) speak on behalf of his or her own candidacy or against any opponents’ candidacies through any medium, including but not limited to advertisements, web sites, or other campaign literature;

(b) distribute pamphlets and other promotional campaign literature supporting his or her candidacy;

(c) publicly endorse or publicly oppose other candidates for the same judicial office in a public election in which the judge or judicial candidate is running;

(d) identify himself or herself as a candidate of a political organization, including permitting the candidate’s name to be listed on election materials along with the names of other candidates for elective public office and appearing in promotions of the ticket; and

(e) obtain and use publicly stated support from any person or organization, including a political organization.

COMMENT

[1] Paragraphs (B), (C), and (D) permit judicial candidates in public elections to engage in some political and campaign activities otherwise prohibited by Rule 4.1(B).

[2] Despite paragraphs (B), (C), and (D), judicial candidates for public election remain subject to many of the provisions of Rule 4.1. For example, a candidate continues to be prohibited from knowingly making false or misleading statements during a campaign, or making certain promises, pledges, or commitments related to future adjudicative duties. See Rule 4.1(A), paragraphs (4) and (6).

[3] In partisan public elections for judicial office, a candidate may be nominated by, affiliated with, or otherwise publicly identified or associated with a political organization, including a political party. This relationship may be maintained throughout the period of the public campaign, and may include use of political party or similar designations on campaign literature and on the ballot.

[4] In nonpartisan public elections or retention elections, paragraphs (B)(3) and (C)(3) prohibit a candidate from obtaining and using publicly stated support from a partisan political organization.

[5] A judge or judicial candidate subject to partisan public election is permitted to attend or purchase tickets for dinners and other events sponsored by political organizations.

[6] For purposes of paragraph (D)(3)(c) candidates are considered to be running for the same judicial office if they are competing for a single judgeship or if several judgeships on the same court are to be filled as a result of the election. In endorsing or opposing another candidate for a position on the same court, a judicial candidate must abide by the same rules governing campaign conduct and speech as apply to the candidate’s own campaign.