Supreme Judicial Court Rules
Code of Judicial Conduct: Canon 4

Supreme Judicial Court Rules  Rule 4.2 Activities of Judges Who Become Candidates for Nonjudicial Office

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

Canon 4: A judge Shall Refrain from political activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.

Rule 4.2

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

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