Rule 4.1 Political and Campaign Activities of Judges

(A) Except as permitted by law, or by Rules 4.2 and 4.3, a judge of the Commonwealth may not:

(1) Make a direct or indirect financial contribution to a political organization or candidate;

(2) Hold an executive office in a political organization;

(3) Participate in a political campaign; or

(4) Become a candidate for elective public office without resigning judicial office at least six months before becoming a candidate.

(B) Political Conduct in General

(1) Except as permitted by law, or by Rules 4.2 and 4.3, a judge shall not:

(a) act as a leader in, or hold an office in, a political organization;

(b) make speeches on behalf of a political organization;

(c) publicly endorse or oppose a candidate for any public office;

(d) solicit funds for, pay an assessment to, or make a contribution to a political organization or a candidate for public office;

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

(f) publicly identify himself or herself as a candidate of a political organization;

(g) seek, accept, or use endorsements from a political organization;

(h) personally solicit or accept campaign contributions other than through a campaign committee authorized by Rule 4.3;

(i) use or permit the use of campaign contributions for the private benefit of the judge, the candidate, or others;

(j) use court staff, facilities, or other court resources in a campaign for judicial office;

(k) knowingly, or with reckless disregard for the truth, make any false or misleading statement;

(l) make any statement that would reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court; or

(m) in connection with cases, controversies, or issues that are likely to come before the court, make pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office.

(C) A judge shall take reasonable measures to ensure that other persons do not undertake, on behalf of the judge, any activities prohibited under paragraph (B).

Comment General Conditions [1] Even when subject to public election, a judge plays a role different from that of a legislator or executive branch official. Rather than making decisions based upon the expressed views or preferences of the electorate, a judge makes decisions based upon the law and the facts of every case. Therefore, in furtherance of this interest, judges must, to the greatest extent possible, be free and appear to be free from political influence and political pressure. This Canon imposes narrowly tailored restrictions upon the political and campaign activities of all judges, taking into account the various methods of selecting judges.

Participation in Political Activities [2] Public confidence in the independence and impartiality of the judiciary is eroded if judges are perceived to be subject to political influence. Although judges may register to vote as members of a political party, they are prohibited by paragraph (A)(1) from assuming leadership roles in political organizations. [3] Paragraphs (A)(2) and (A)(3) prohibit judges from making speeches on behalf of political organizations or publicly endorsing or opposing candidates for public office, respectively, to prevent them from abusing the prestige of judicial office to advance the interests of others. See Rule 1.3. These Rules do not prohibit candidates from campaigning on their own behalf, or from endorsing or opposing candidates for the same judicial office for which they are running. See Rules 4.2(B)(2) and 4.2(B)(3).

[4] Although members of the families of judges are free to engage in their own political activity, including running for public office, there is no “family exception” to the prohibition in paragraph (A)(3) against a judge publicly endorsing candidates for public office. A judge must not become involved in, or publicly associated with, a family member’s political activity or campaign for public office. To avoid public misunderstanding, judges should take, and should urge members of their families to take reasonable steps to avoid any implication that they endorse any family member’s candidacy or other political activity. [5] Judges retain the right to participate in the political process as voters in both primary and general elections. For purposes of this Canon, participation in a caucus-type election procedure does not constitute public support for or endorsement of a political organization or candidate, and is not prohibited by paragraphs (A)(2) or (A)(3).

Pledges, Promises, or Commitments Inconsistent with Impartial Performance of the Adjudicative Duties of Judicial Office [6] The role of a judge is different from that of a legislator or executive branch official, even when the judge is subject to public election. Campaigns for judicial office must be conducted differently from campaigns for other offices. [7] The making of a pledge, promise, or commitment is not dependent upon, or limited to, the use of any specific words or phrases; instead, the totality of the statement must be examined to determine if a reasonable person would believe that the judge has specifically undertaken to reach a particular result. Pledges, promises, or commitments must be contrasted with statements or announcements of personal views on legal, political, or other issues, which are not prohibited. When making such statements, a judge should acknowledge the overarching judicial obligation to apply and uphold the law, without regard to his or her personal views.