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 in this Canon, 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;
(3) publicly endorse
or oppose a candidate for any public office;
(4) solicit funds
for, pay an assessment to, or make a contribution* to a political organization
or a candidate for public office;
(5) attend or
purchase tickets for dinners or other events sponsored by a political
organization or a candidate for public office;
(6) publicly identify
himself or herself as a member of a political organization, except as necessary
to vote in an election;
(7) seek, accept, or
use endorsements from a political organization;
(8) use court staff
or make excessive use of court facilities or other court resources in seeking
judicial office;
(9) knowingly,* or
with reckless disregard for the truth, make any false or misleading statement
in seeking judicial office;
(10) 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
(11) make pledges,
promises, or commitments other than the faithful, impartial and diligent
performance of judicial duties.
(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 this Canon.
COMMENT
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.
PARTICIPATION IN
POLITICAL ACTIVITIES
[2] 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.
[3] 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 candidate
publicly endorsing 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 endorse any family member’s candidacy or other political activity.
[4] Judges and
judicial candidates retain the right to participate in the political process as
voters in both primary and general elections.
STATEMENTS AND
COMMENTS MADE DURING A CAMPAIGN FOR JUDICIAL OFFICE
[5]Judicial candidates
must be scrupulously fair and accurate in all statements made by them and by
their campaign committees. Paragraph (A)(9) 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.
[6] Judicial
candidates are sometimes the subject of false, misleading, or unfair
allegations made by 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 other provisions of this Canon, the candidate may make a
factually accurate public response.
[7] Subject to the
provisions of this Canon, a judicial candidate is permitted to respond directly
to false, misleading, or unfair allegations made against him or her while
seeking judicial office, although it is preferable for someone else to respond
if the allegations relate to a pending case.
[8] Paragraph (A)(10)
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
[9] 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.
[10] Paragraph
(A)(11) 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 the judicial office.
[11] 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 candidate
for judicial office has specifically undertaken to reach a particular result.
[12] A judicial
candidate may make 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.
RULE 4.2
Political and
Campaign Activities of Judges in Retention Elections
(A) A judge standing
for retention shall act at all times in a manner consistent with the
independence,* integrity,* and impartiality* of the judiciary and shall
encourage members of the judge’s family* to adhere to the same standards of
conduct in support of the judge that apply to the judge.
(B) If a judge
standing for retention has drawn public opposition, the judge may operate a
campaign for office subject to the following limitations:
(1) The judge shall
comply with all applicable election, election campaign, and election campaign
fund-raising laws* and regulations ;
(2) The judge shall
not directly solicit* or accept campaign funds or solicit public statements of
support, but may establish committees of responsible persons to secure and
manage the expenditure of funds for the campaign and to obtain public statements
of support. Committees may solicit campaign contributions* and public
statements of support from lawyers and non-lawyers. Surplus contributions held
by the committee after the election shall be contributed without public
attribution to the Utah Bar Foundation. Committees must not permit the use of
campaign contributions for the private benefit of the judge or members of the
judge’s family;
(3) The judge shall
review and approve the content of all campaign statements and materials
produced by his or her campaign committee before their dissemination;
(4) The judge may
speak to public gatherings on the judge’s own behalf;
(5) The judge may
respond to personal attacks or attacks on the judge’s record, provided the
response is consistent with other provisions of this Rule; and
(6) When a party or
lawyer who made a contribution of $50 or more to the judge’s campaign committee
appears in a case, the judge shall disclose the contribution to the parties.
The requirement to disclose shall continue from the time the judge forms a
campaign committee until 180 days after the judge’s retention election. COMMENT
[1] Campaign
committees may solicit and accept campaign contributions, manage the
expenditure of campaign funds, and generally conduct campaigns. Judges are responsible
for compliance with the requirements of election law and other applicable law
and for the activities of their campaign committees.
[2] At the start of a
campaign, the judge must instruct the campaign committee to solicit or accept
only such contributions as are reasonable in amount, appropriate under the
circumstances, and in conformity with applicable law. Although lawyers and
others who might appear before a retained judge are permitted to make campaign
contributions, the judge should instruct his or her campaign committee to be
especially cautious in connection with such contributions, so that they do not
create grounds for disqualification if the judge is retained. See Rule 2.11.
COMMENT
RULE 4.3
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.
COMMENT
[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
together with the political promises that the judge would be compelled to make
in the course of campaigning for nonjudicial elective
office, 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 nonjudicial
office, however, the dangers are not sufficient to warrant imposing the “resign
to run” rule.