Rule 4.1 Political Activities of Judges and Judicial Nominees in General

GENERAL CONSIDERATIONS

[1] 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 and judicial nominees 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 activities of all judges and judicial nominees.

[2] When a person becomes a judicial nominee, this Canon becomes applicable to his or her conduct.

PARTICIPATION IN POLITICAL ACTIVITIES

[3] Public confidence in the independence* and impartiality* of the judiciary is eroded if judges or judicial nominees are perceived to be subject to political influence. Although judges and judicial nominees may register to vote as members of a political party, they are prohibited by paragraph (A)(1) from assuming leadership roles in political organizations.

[4] Paragraphs (A)(2) and (A)(3) prohibit judges and judicial nominees 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 judicial nominees from seeking support or endorsement on their own behalf.

[5] Although members of the families of judges and judicial nominees 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 or judicial nominee publicly endorsing candidates for public office. A judge or judicial nominee 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 and judicial nominees 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.

[6] Judges and judicial nominees retain the right to participate in the political process as voters in both primary and general elections.

[7] The ABA Model Code of Judicial Conduct contains rules relating to the election of judges and to the campaigns of elected judges. Rules relating to elected judges are not included in these Rules, as almost all judges in Rhode Island, including municipal judges, are appointed. There is, however, one municipality in Rhode Island that elects its probate judge, and it is possible that other municipalities would provide for such elected judges in the future. With respect to such elected judges, the rules of the ABA Model Code of Judicial Conduct relating to the election of judges and to the campaigns of elected judges are incorporated by reference and shall govern the conduct of such elected judges in Rhode Island.