Supreme Judicial Court Rules
Code of Judicial Conduct

Supreme Judicial Court Rules  Canon 4: A judge shall refrain from political activity inconsistent with the independence,* impartiality,* or integrity* of the judiciary

Effective Date: 01/01/2016
Updates: Adopted October 8, 2015, effective January 1, 2016

Table of Contents

Rule 4.1 Political and campaign activities

(A)

A judge 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 candidate; 
  • (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; or 
  • (5) attend or purchase tickets for dinners or other events sponsored by a political organization* or a candidate for public office or intended to raise money or gather support for or against a political organization* or candidate. 

(B)

A judge may engage in activity in support or on behalf of measures to improve the law,* the legal system, or the administration of justice, provided that the judge complies with the other provisions of this Code. 

(C)

On assuming a judicial office, a judge shall resign any elective public office then held. 

Comment

[1]

While judges have the right to participate as citizens in their communities and not be isolated from the society in which they live, judges must at all times act in a manner that promotes public confidence in their independence,* integrity,* and impartiality.* This Rule imposes restrictions on a judge's political activities because public confidence in the judiciary is eroded if judges are perceived to be subject to political influence or give the impression of favoring the interests of a political organization* or candidate. 

[2]

The restrictions in Paragraph (A) prohibit a judge from engaging in any public display in support of or opposition to a political candidate, including displaying a bumper sticker on an automobile the judge regularly uses, posting a campaign sign outside the judge's residence, signing nomination papers for a political candidate or ballot issue, carrying a campaign sign, distributing campaign literature, or encouraging people to vote for or give money to a particular candidate or political organization.* 

[3]

A judge may not avoid the restrictions imposed by this Rule by making contributions or endorsements through a spouse, domestic partner,* or other member of the judge's family.* Political contributions by the judge's spouse or domestic partner* must result from that person's independent choice, and checks by which contributions are made must not include the name of the judge. 

[4]

Although members of the judge's family* are free to engage in their own political activity, including running for public office, a judge must not endorse, appear to endorse, become involved in, or publicly associate with any family member’s political activity or campaign for public office. 

[5]

A judge may register as a member of a political party. A judge may also attend non-partisan events, such as a forum that is open to all candidates and is intended to inform the public. 

Rule 4.2 Activities of judges who become candidates for nonjudicial office

(A)

Upon becoming a candidate in a primary or general election for elective office, a judge shall resign from 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]

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. When a judge is seeking appointive nonjudicial office, however, the dangers are not sufficient to warrant imposing the “resign to run” rule. 

[2]

Upon being appointed to any nonjudicial office except as permitted by Rule 3.4, a judge must resign from judicial office.

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Note: Asterisk (*) indicates that the term is defined in the Terminology section.
 

Updates: Adopted October 8, 2015, effective January 1, 2016

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