Dear Model Code:
What are the rules for judges interested in politics? I want to be involved, but I don’t want to violate ethics guidelines or have my impartiality called into question.
Sincerely,
Judge No-Such-Thing-As-Overly-Cautious
Dear Judge Cautious:
Great question. Canon 4 states, “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.”
Judges may register to vote as members of a political party, but they are prohibited from holding leadership positions in political organizations and making speeches on behalf of a political organization (4.1A1-2). Judges are also prohibited from publicly endorsing or opposing a candidate for any public office.
Of course, judges are free to campaign on their own behalf. They are also free to endorse or oppose candidates “for the same judicial office for which they are running” (Canon 4 Considerations).
Running for office is discussed separately in the Model Code. Canon 4, Rule 4.5, Section A states, “Upon becoming a candidate for a non-judicial elective office, a judge shall resign from judicial office, unless permitted by law to continue to hold judicial office.” However, if a judge is seeking a non-elected, non-judicial office, he/she is not required to resign from judicial office.
The goal of these rules is to have the judiciary perceived as impartial.
Impartially yours,
The Model Code of Judicial Conduct
You should. Advanced Bench Skills: Procedural Fairness will teach you about the tenets of voice, respect, neutrality and trust; how to demonstrate those principles effectively in court; and how they ensure respect for the justice system.
Offered January 25-26, 2018, in Miami, Florida
Click here for more information or to register
Note: This article first appeared in the fall 2021 issue of The Judges’ Journal, a publication of the Ame...
She enrolled at Stanford University at age 16 and graduated from Stanford Law School at age 22. She fini...
We asked judges if they are seeing an increase in verbal attacks on them in the courtroom, and a clear majo...
RENO, NV (November 10, 2021) – The National Judicial College, the nation’s oldest, largest and most wid...
The second Judicial Academy for attorneys who aspire to become judges is happening this week at The Nationa...