A Judge or Judicial Candidate Shall Refrain from Inappropriate Political Activity

RULE 67 - CANON 7

A. All Judges and Candidates.
(1) Except as authorized in subsections B(1)(b) and B(3), a judge or a candidate for election to judicial office shall not:
(a) act as a leader or hold an office in a political organization;
(b) publicly endorse or publicly oppose another candidate for public office;
(c) make speeches on behalf of a political organization;
(d) solicit funds for, or pay an assessment to a political organization or candidate.
(2) A judge shall resign from judicial office upon becoming a candidate for a nonjudicial office either in a primary or in a general election.
(3) A candidate for a judicial office:
(a) shall maintain the dignity appropriate to judicial office and act in a manner consistent with the integrity and independence of the judiciary, and shall encourage members of the candidate's family to adhere to the same standards of political conduct in support of the candidate as apply to the candidate;
(b) shall prohibit employees and officials who serve at the pleasure of the candidate, and shall discourage other employees and officials subject to the candidate's direction and control from doing on the candidate's behalf what the candidate is prohibited from doing under the provisions of this Canon;
(c) except to the extent permitted by subsection B(2), shall not authorize or knowingly permit any other person to do for the candidate what the candidate is prohibited from doing under the provisions of this Canon;
(d) shall not:
(i) make statements that commit or appear to commit the candidate with respect to cases, controversies or issues within cases that are likely to come before the court; or
(ii) knowingly misrepresent the identity, qualifications, present position or other fact concerning the candidate or an opponent; and
(e) may respond to personal attacks or attacks on the candidate's record as long as the response does not violate subsection A (3)(d).
B. Authorized Activities for Judges and Candidates.
(1) A judge or candidate may, except as prohibited by law:
(a) at any time
(i) purchase tickets for and attend political gatherings;
(ii) identify himself or herself as a member of a political party; and
(iii) contribute to a political organization.
(b) when a candidate for public election
(i) speak to gatherings on his or her own behalf;
(ii) appear in newspaper, television and other media advertisements supporting his or her candidacy;
(iii) distribute pamphlets and other promotional literature supporting his or her candidacy; and
(iv) publicly endorse or publicly oppose other candidates in a public election in which the judge or judicial candidate is running.
(2) A candidate shall not personally solicit or accept campaign contributions. A candidate may establish committees of responsible persons to conduct campaigns for the candidate through media advertisements, brochures, mailings, candidate forums and other means not prohibited by law. Such committees may solicit and accept reasonable campaign contributions, manage the expenditure of funds for the candidate's campaign and obtain public statements of support for his or her candidacy. Such committees are not prohibited from soliciting and accepting reasonable campaign contributions and public support from lawyers. A candidate's committees may solicit contributions and public support for the candidate's campaign no earlier than one year before an election and no later than 90 days after the last election in which the candidate participates during the election year. A candidate shall not use or permit the use of campaign contributions for the private benefit of the candidate or others.
(3) Except as prohibited by law, a candidate for judicial office in a public election may permit the candidate's name: (a) to be listed on election materials along with the names of other candidates for elective public office, and (b) to appear in promotions of the ticket.
C. Incumbent Judges.
A judge shall not engage in any political activity except (i) as authorized under any other provision of this Code, (ii) on behalf of measures to improve the law, the legal system or the administration of justice, or (iii) as expressly authorized by law.

D. Applicability.
Canon 7 generally applies to all incumbent judges and judicial candidates. A successful candidate, whether or not an incumbent, is subject to judicial discipline for his or her campaign conduct; an unsuccessful candidate who is a lawyer is subject to lawyer discipline for his or her campaign conduct. A lawyer who is a candidate for judicial office is subject to Rule 8.2(b) of the Rules of Professional Conduct.

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