Rule 4.3 Activities of Judges Who Become Candidates for Non-judicial Office

[1] In campaigns for non-judicial elective public office, candidates may make pledges, promises, or commitments related to positions they would take and ways they would act if elected to office. Although appropriate in non-judicial campaigns, this manner of campaigning is inconsistent with the role of a judge, who must remain fair and impartial* to all who come before him or her. The potential for misuse of the judicial office, and the political promises that the judge would be compelled to make in the course of campaigning for non-judicial elective office, together dictate that a judge who wishes to run for such an office must resign upon becoming a candidate.

[2] The “resign to run” rule set forth in paragraph (A) ensures that a judge cannot use the judicial office to promote his or her candidacy, and prevents post-campaign retaliation from the judge in the event the judge is defeated in the election. When a judge is seeking appointive non-judicial office, however, the dangers are not sufficient to warrant imposing the “resign to run” rule.

JUDICIAL ADVISORY COMMITTEE

In order to assist judges* in complying with the foregoing Code of Judicial Conduct, an advisory committee has been appointed by the Supreme Court with authority to interpret the code and to provide an opinion upon the request of any judge or judicial officer* concerning a proposed action and its propriety in the light of said code. The advisory committee consists of five (5) members of the judiciary, not more than two (2) of whom may be from the same court. The advisory committee will give the inquiring judge an opinion in respect to the propriety or impropriety* of the judge’s proposed action provided that an opinion may not be issued where the request concerns a matter that is pending* before a court. An opinion from the advisory committee that it is proper for the judge to take certain action will give rise to a conclusive presumption that the judge has acted properly. Any judge who acts in accordance with an opinion given by the advisory committee shall be presumed to have abided by the Code of Judicial Conduct.