Rule Canon 4. A Judge or Candidate for Judicial Office Shall not Engage in Political or Campaign Activity that is Inconsistent with the Independence, Integrity, or Impartiality of the Judiciary

CJC

CANON 4

A JUDGE OR CANDIDATE FOR JUDICIAL OFFICE SHALL NOT ENGAGE IN

POLITICAL OR CAMPAIGN ACTIVITY THAT IS INCONSISTENT WITH THE

INDEPENDENCE, INTEGRITY, OR IMPARTIALITY OF THE JUDICIARY.

RULE 4.1. Political and Campaign Activities of Judges and Judicial Candidates in General

(A) Except as permitted by law,* or by Rules 4.2 (Political and Campaign Activities of

Judicial Candidates in Public Elections), 4.3 (Activities of Candidates for Appointive Judicial

Office), and 4.4 (Campaign Committees), a judge or a judicial candidate* shall not:

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

(2) make speeches on behalf of a political organization or nonjudicial candidate;

(3) publicly endorse or oppose a nonjudicial candidate for any public office, except for

participation in a precinct caucus limited to selection of delegates to a nominating convention for

the office of President of the United States pursuant to (5) below.

(4) solicit funds for, pay an assessment to, or make a contribution* to a political

organization or a nonjudicial candidate for public office;

(5) publicly self-identify as a member or a candidate of a political organization, except

(a) as required to vote, or

(b) for participation in a precinct caucus limited to selection of delegates to a nominating

convention for the office of President of the United States.

(6) [Reserved.]

(7) personally solicit* or accept campaign contributions other than through a campaign

committee authorized by Rule 4.4, except for members of the judge’s family or individuals who

have agreed to serve on the campaign committee authorized by Rule 4.4 and subject to the

requirements for campaign committees in Rule 4.4(B).

(8) use or permit the use of campaign contributions for the private benefit of the judge, the

candidate, or others except as permitted by law;

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

except as permitted by law;

serve on the campaign committee authorized by Rule 4.4 and subject to the

requirements for campaign committees in Rule 4.4(B).

(8) use or permit the use of campaign contributions for the private benefit of the judge, the

candidate, or others except as permitted by law;

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

except as permitted by law;

(10) knowingly,* or with reckless disregard for the truth, make any false or misleading

statement;

(11) 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

(12) 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.

(B) A judge or judicial candidate shall take reasonable measures to ensure that other

persons do not undertake, on behalf of the judge or judicial candidate, any activities prohibited

under paragraph (A).

Comments

GENERAL CONSIDERATIONS

[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 and judicial candidates 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 and judicial candidates, taking into account the various methods of

selecting judges.

[2] When a person becomes a judicial candidate, this Canon becomes applicable to their

conduct

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 and judicial candidates, taking into account the various methods of

selecting judges.

[2] When a person becomes a judicial candidate, this Canon becomes applicable to their

conduct.

PARTICIPATION IN POLITICAL ACTIVITIES

[3] Public confidence in the independence and impartiality of the judiciary is eroded if

judges or judicial candidates are perceived to be subject to political influence. Therefore, 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 candidates from making

speeches on behalf of political organizations or publicly endorsing or opposing candidates for

nonjudicial 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 judicial

office. See Rule 4.2(B)(2).

[5] Although members of the families of judges and judicial candidates 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 candidate publicly endorsing

nonjudicial candidates for public office. A judge or judicial candidate 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 candidates should take, and should

urge members of their families to take, reasonable steps to avoid any implication that they are

using the prestige of their judicial office to endorse any family member’s candidacy or other

political activity

, or publicly associated with, a family member’s political activity or campaign for public

office. To avoid public misunderstanding, judges and judicial candidates should take, and should

urge members of their families to take, reasonable steps to avoid any implication that they are

using the prestige of their judicial office to endorse any family member’s candidacy or other

political activity.

[6] Judges and judicial candidates 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, is not prohibited by paragraphs (A)(2) or (A)(3) and is

allowed by Paragraphs (A)(2) and (A)(5). Because Washington uses a caucus system for

selection of delegates to the nominating conventions of the major political parties for the office

of President of the United States, precluding judges and judicial candidates from participating in

these caucuses would eliminate their ability to participate in the selection process for Presidential

nominations. Accordingly, Paragraph (A)(3) and (5) allows judges and judicial candidates to

participate in precinct caucuses, limited to selection of delegates to a nominating convention for

the office of President of the United States. This narrowly tailored exception from the general

rule is provided for because of the unique system used in Washington for nomination of

Presidential candidates. If a judge or a judicial candidate participates in a precinct caucus, such

person must limit participation to selection of delegates for various candidates.

STATEMENTS AND COMMENTS MADE DURING A CAMPAIGN FOR JUDICIAL

OFFICE

tates. This narrowly tailored exception from the general

rule is provided for because of the unique system used in Washington for nomination of

Presidential candidates. If a judge or a judicial candidate participates in a precinct caucus, such

person must limit participation to selection of delegates for various candidates.

STATEMENTS AND COMMENTS MADE DURING A CAMPAIGN FOR JUDICIAL

OFFICE

[7] Judicial candidates must be scrupulously fair and accurate in all statements made by

them and by their campaign committees. Paragraph (A)(10) obligates candidates and their

committees to refrain from making statements that are false or misleading, or that omit facts

necessary to make the communication considered as a whole not materially misleading.

[8] Judicial candidates are sometimes the subject of false, misleading, or unfair allegations

made by opposing candidates, third parties, or the media. For example, false or misleading

statements might be made regarding the identity, present position, experience, qualifications, or

judicial rulings of a candidate. In other situations, false or misleading allegations may be made

that bear upon a candidate’s integrity or fitness for judicial office. As long as the candidate does

not violate paragraphs (A)(10), (A)(11), or (A)(12), the candidate may make a factually accurate

public response. In addition, when an independent third party has made unwarranted attacks on

a candidate’s opponent, the candidate may disavow the attacks, and request the third party to

cease and desist.

[9] Subject to paragraph (A)(11), a judicial candidate is permitted to respond directly to

false, misleading, or unfair allegations made against them during a campaign, although it is

preferable for someone else to respond if the allegations relate to a pending case.

[10] Paragraph (A)(11) prohibits judicial candidates from making comments that might

impair the fairness of pending or impending judicial proceedings

h (A)(11), a judicial candidate is permitted to respond directly to

false, misleading, or unfair allegations made against them during a campaign, although it is

preferable for someone else to respond if the allegations relate to a pending case.

[10] Paragraph (A)(11) prohibits judicial candidates from making comments that might

impair the fairness of pending or impending judicial proceedings. This provision does not restrict

arguments or statements to the court or jury by a lawyer who is a judicial candidate, or rulings,

statements, or instructions by a judge that may appropriately affect the outcome of a matter.

PLEDGES, PROMISES, OR COMMITMENTS INCONSISTENT WITH IMPARTIAL

PERFORMANCE OF THE ADJUDICATIVE DUTIES OF JUDICIAL OFFICE

[11] 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. The narrowly drafted restrictions upon

political and campaign activities of judicial candidates provided in Canon 4 allow candidates to

conduct campaigns that provide voters with sufficient information to permit them to distinguish

between candidates and make informed electoral choices.

[12] Paragraph (A)(12) makes applicable to both judges and judicial candidates the

prohibition that applies to judges in Rule 2.10(B), relating to pledges, promises, or commitments

that are inconsistent with the impartial performance of the adjudicative duties of judicial office.

[13] The making of a pledge, promise, or commitment is not dependent on, 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 candidate for judicial office has

specifically undertaken to reach a particular result

ial performance of the adjudicative duties of judicial office.

[13] The making of a pledge, promise, or commitment is not dependent on, 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 candidate for judicial office 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 their personal

views.

[14] A judicial candidate may make campaign promises related to judicial organization,

administration, and court management, such as a promise to dispose of a backlog of cases, start

court sessions on time, or avoid favoritism in appointments and hiring. A candidate may also

pledge to take action outside the courtroom, such as working toward an improved jury selection

system, or advocating for more funds to improve the physical plant and amenities of the

courthouse.

[15] Judicial candidates may receive questionnaires or requests for interviews from the

media and from issue advocacy or other community organizations that seek to learn their views

on disputed or controversial legal or political issues. Paragraph (A)(12) does not specifically

address judicial responses to such inquiries. Depending upon the wording and format of such

questionnaires, candidates’ responses might be viewed as pledges, promises, or commitments to

perform the adjudicative duties of office other than in an impartial way. To avoid violating

paragraph (A)(12), therefore, candidates who respond to media and other inquiries should also

give assurances that they will keep an open mind and will carry out their adjudicative duties

faithfully and impartially if elected

candidates’ responses might be viewed as pledges, promises, or commitments to

perform the adjudicative duties of office other than in an impartial way. To avoid violating

paragraph (A)(12), therefore, candidates who respond to media and other inquiries should also

give assurances that they will keep an open mind and will carry out their adjudicative duties

faithfully and impartially if elected. Candidates who do respond to questionnaires should post

the questionnaire and their substantive answers so they are accessible to the general public.

Candidates who do not respond may state their reasons for not responding, such as the danger

that answering might be perceived by a reasonable person as undermining a successful

candidate’s independence or impartiality, or that it might lead to frequent disqualification. See

Rule 2.11.

PERSONAL SOLICITATION OF CAMPAIGN FUNDS

[16] Judicial candidates should be particularly cautious in regard to personal solicitation of

campaign funds. This can be perceived as being coercive and an abuse of judicial office.

Accordingly, a general prohibition on personal solicitation is retained with a narrowly tailored

exception contained in Paragraph (A)(7) for members of the judge’s family and those who have

agreed to serve on the judge’s campaign committee. These types of individuals generally have a

close personal relationship to the judicial candidate and therefore the concerns of coercion or

abuse of judicial office are greatly diminished. Judicial candidates should not use this limited

exception as a basis for attempting to skirt the general prohibition against solicitation of

campaign contributions.

RULE 4.2. Political and Campaign Activities of Judicial Candidates in Public Elections

(A) A judicial candidate* in a nonpartisan, public election* shall:

(1) Act at all times in a manner consistent with the independence,* integrity,* and

impartiality* of the judiciary;

exception as a basis for attempting to skirt the general prohibition against solicitation of

campaign contributions.

RULE 4.2. Political and Campaign Activities of Judicial Candidates in Public Elections

(A) A judicial candidate* in a nonpartisan, 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

fundraising laws and regulations of this jurisdiction;

(3) review and approve the content of all campaign statements and materials produced by

the candidate or judicial candidate’s 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 elective judicial office may:

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

(2) speak on behalf of their candidacy through any medium, including but not limited to

advertisements, websites, or other campaign literature;

(3) seek, accept, or use endorsements from any person or organization.

Comments

[1] Paragraphs (B) permits judicial candidates in public elections to engage in some

political and campaign activities otherwise prohibited by Rule 4.1.

e 4.4;

(2) speak on behalf of their candidacy through any medium, including but not limited to

advertisements, websites, or other campaign literature;

(3) seek, accept, or use endorsements from any person or organization.

Comments

[1] Paragraphs (B) permits judicial candidates in public elections to engage in some

political and campaign activities otherwise prohibited by Rule 4.1.

[2] Despite paragraph (B), 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 soliciting

funds for a political organization, 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), (10), and (12).

[3] Judicial candidates are permitted to attend or purchase tickets for dinners and other

events sponsored by political organizations on behalf of their own candidacy or that of another

judicial candidate.

[4] In endorsing or opposing another candidate for judicial office, a judicial candidate must

abide by the same rules governing campaign conduct and speech as apply to the candidate’s own

campaign.

[5] Although judicial candidates in nonpartisan public elections are prohibited from

running on a ticket or slate associated with a political organization, they may group themselves

into slates or other alliances to conduct their campaigns more effectively.

RULE 4.3. Activities of Candidates for Appointive Judicial Office

A candidate for appointment to judicial office may:

(A) communicate with the appointing or confirming authority, including any selection,

screening, or nominating commission or similar agency; and

(B) seek endorsements for the appointment from any person or organization

ances to conduct their campaigns more effectively.

RULE 4.3. Activities of Candidates for Appointive Judicial Office

A candidate for appointment to judicial office may:

(A) communicate with the appointing or confirming authority, including any selection,

screening, or nominating commission or similar agency; and

(B) seek endorsements for the appointment from any person or organization.

Comment

[1] When seeking support or endorsement, or when communicating directly with an

appointing or confirming authority, a candidate for appointive judicial office must not make any

pledges, promises, or commitments that are inconsistent with the impartial performance of the

adjudicative duties of the office. See Rule 4.1(A)(12).

RULE 4.4. Campaign Committees

(A) A judicial candidate* subject to public election* may establish a campaign committee

to manage and conduct a campaign for the candidate, subject to the provisions of this Code. The

candidate is responsible for ensuring that their campaign committee complies with applicable

provisions of this Code and other applicable law.*

(B) A judicial candidate subject to public election shall direct their campaign committee:

(1) to solicit and accept only such campaign contributions* as are reasonable, in any event

not to exceed, in the aggregate amount allowed as provided for by law;

(2) not to solicit contributions for a candidate’s current campaign more than 120 days

before the date when filing for that office is first permitted and may accept contributions after the

election only as permitted by law; and

(1) to solicit and accept only such campaign contributions* as are reasonable, in any event

not to exceed, in the aggregate amount allowed as provided for by law;

(2) not to solicit contributions for a candidate’s current campaign more than 120 days

before the date when filing for that office is first permitted and may accept contributions after the

election only as permitted by law; and

(3) to comply with all applicable statutory requirements for disclosure and divestiture of

campaign contributions, and to file with the Public Disclosure Commission all reports as

required by law.

Comments

[1] Judicial candidates are generally prohibited from personally soliciting campaign

contributions or personally accepting campaign contributions. See Rule 4.1(A)(7). This Rule

recognizes that judicial candidates must raise campaign funds to support their candidacies, and

permits candidates, other than candidates for appointive judicial office, to establish campaign

committees to solicit and accept reasonable financial contributions or in-kind contributions.

[2] Campaign committees may solicit and accept campaign contributions, manage the

expenditure of campaign funds, and generally conduct campaigns. Candidates are responsible

for compliance with the requirements of election law and other applicable law, and for the

activities of their campaign committees.

RULE 4.5. Activities of Judges Who Become Candidates for Nonjudicial Office

(A) Upon becoming a candidate for a nonjudicial elective office, a judge shall resign from

judicial office, unless permitted by law* to continue to hold judicial office.

(B) Upon becoming a candidate for a nonjudicial appointive office, a judge is not required

to resign from judicial office, provided that the judge complies with the other provisions of this

Code

tes for Nonjudicial Office

(A) Upon becoming a candidate for a nonjudicial elective office, a judge shall resign from

judicial office, unless permitted by law* to continue to hold judicial office.

(B) Upon becoming a candidate for a nonjudicial appointive office, a judge is not required

to resign from judicial office, provided that the judge complies with the other provisions of this

Code.

Comments

[1] In campaigns for nonjudicial 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 nonjudicial 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 nonjudicial 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 their candidacy, and prevents postcampaign retaliation from the judge

in the event the judge is defeated in the election. When a judge is seeking appointive nonjudicial

office, however, the dangers are not sufficient to warrant imposing the “resign to run” rule.