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 by law,* or by Rules 4.2 (Political and Campaign
Activities of Judicial Candidates in Public Elections), 4.3 (Activities of
Candidates for Appointive Judicial Office),  and 4.4 (Campaign Committees),
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 or nonjudicial candidate;

    (3)  publicly endorse or oppose a nonjudicial candidate for any public
office, except for participation in a precinct caucus limited to
selection of delegates to a nominating convention for the office of
President of the United States pursuant to (5) below.

    (4)  solicit funds for, pay an assessment to, or make a contribution* to a
political organization or a nonjudicial candidate for public office;

    (5)  publicly identify himself or herself as a member or a candidate of a
political organization, except

    (a)  as required to vote, or

    (b)  for participation in a precinct caucus limited to selection of delegates
to a nominating convention for the office of President of the United States.

    (6)  [Reserved]

    (7)  personally solicit* or accept campaign contributions other than
through a campaign committee authorized by Rule 4.4, except for members
of the judge's family or individuals who have agreed to serve on the
campaign committee authorized by Rule 4.4 and subject to the
requirements for campaign committees in Rule 4.4(B).

    (8)  use or permit the use of campaign contributions for the private
benefit of the judge, the candidate, or others except as permitted by law;

    (9)  use court staff, facilities, or other court resources in a campaign
for judicial office except as permitted by law;

    (10)  knowingly,* or with reckless disregard for the truth, make any
false or misleading statement;

    (11)  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

    (12)  in connection with cases, controversies, or issues that are likely to
come before the court, make pledges, promises, or commitments that are inconsistent
with the impartial* performance of the adjudicative duties of judicial office.

    (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 paragraph (A).


                                       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, taking into account the various methods of
selecting judges.

     [2]  When a person becomes a judicial candidate, this Canon becomes
applicable to his or her conduct.


PARTICIPATION IN POLITICAL ACTIVITIES

    [3]  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.  Therefore, they are prohibited by
paragraph (A)(1) from assuming leadership roles in political organizations.

    [4]  Paragraphs (A)(2) and (A)(3) prohibit judges and judicial candidates from
making speeches on behalf of political organizations or publicly endorsing
or opposing candidates for nonjudicial public office, respectively, to
prevent them from abusing the prestige of judicial office to advance the
interests of others.  See Rule 1.3.  These Rules do not prohibit candidates
from campaigning on their own behalf, or from endorsing or opposing
candidates for judicial office. See Rule 4.2(B)(2).

    [5]  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 judicial candidate publicly endorsing
nonjudicial 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 are using the prestige of the their judicial office
to endorse any family member's candidacy or other political activity.

    [6]  Judges and judicial candidates retain the right to participate in the
political process as voters in both primary and general elections.  For
purposes of this Canon, participation in a caucus-type election procedure
does not constitute public support for or endorsement of a political
organization or candidate, is not prohibited by paragraphs (A)(2) or (A)(3)
and is allowed by Paragraphs (A)(2) and (A)(5).  Because Washington uses a
caucus system for selection of delegates to the nominating conventions of
the major political parties for the office of President of the United
States, precluding judges and judicial candidates from participating in
these caucuses would eliminate their ability to participate in the
selection process for Presidential nominations.  Accordingly, Paragraph
(A)(3) and (5) allows judges and judicial candidates to participate in
precinct caucuses, limited to selection of delegates to a nominating
convention for the office of President of the United States.  This narrowly
tailored exception from the general rule is provided for because of the
unique system used in Washington for nomination of Presidential candidates.
If a judge or a judicial candidate participates in a precinct caucus, such
person must limit participation to selection of delegates for various candidates.

STATEMENTS AND COMMENTS MADE DURING A CAMPAIGN FOR JUDICIAL OFFICE

    [7]  Judicial candidates must be scrupulously fair and accurate in all
statements made by them and by their campaign committees.  Paragraph
(A)(10) 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.

    [8]  Judicial candidates are sometimes the subject of false, misleading, or
unfair allegations made by opposing candidates, 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 paragraphs
(A)(10), (A)(11), or (A)(12), the candidate may make a factually accurate
public response.  In addition, when an independent third party has made
unwarranted attacks on a candidate's opponent, the candidate may disavow
the attacks, and request the third party to cease and desist.

    [9]  Subject to paragraph (A)(11), a judicial candidate is permitted to
respond directly to false, misleading, or unfair allegations made against
him or her during a campaign, although it is preferable for someone else to
respond if the allegations relate to a pending case.

    [10] Paragraph (A)(11) 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 INCONSISTENT WITH IMPARTIAL PERFORMANCE OF
THE ADJUDICATIVE DUTIES OF JUDICIAL OFFICE

    [11] 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. The narrowly drafted restrictions upon
political and campaign activities of judicial candidates provided in Canon
4 allow candidates to conduct campaigns that provide voters with sufficient
information to permit them to distinguish between candidates and make
informed electoral choices.

    [12] Paragraph (A)(12) 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 judicial office.

    [13] 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.  Pledges, promises,
or commitments must be contrasted with statements or announcements of
personal views on legal, political, or other issues, which are not
prohibited.  When making such statements, a judge should acknowledge the
overarching judicial obligation to apply and uphold the law, without regard
to his or her personal views.

    [14] A judicial candidate may make campaign 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.

    [15] Judicial candidates may receive questionnaires or requests for
interviews from the media and from issue advocacy or other community
organizations that seek to learn their views on disputed or controversial
legal or political issues.  Paragraph (A)(12) does not specifically address
judicial responses to such inquiries.  Depending upon the wording and
format of such questionnaires, candidates' responses might be viewed as
pledges, promises, or commitments to perform the adjudicative duties of
office other than in an impartial way.  To avoid violating paragraph
(A)(12), therefore, candidates who respond to media and other inquiries
should also give assurances that they will keep an open mind and will carry
out their adjudicative duties faithfully and impartially if elected.
Candidates who do respond to questionnaires should post the questionnaire
and their substantive answers so they are accessible to the general public.
Candidates who do not respond may state their reasons for not responding,
such as the danger that answering might be perceived by a reasonable person
as undermining a successful candidate's independence or impartiality, or
that it might lead to frequent disqualification.  See Rule 2.11.


PERSONAL SOLICITATION OF CAMPAIGN FUNDS

    [16] Judicial candidates should be particularly cautious in regard to
personal solicitation of campaign funds.  This can be perceived as being
coercive and an abuse of judicial office.  Accordingly, a general
prohibition on personal solicitation is retained with a narrowly tailored
exception contained in Paragraph (A)(7) for members of the judge's  family
and those who have agreed to serve on the judge's campaign committee.
These types of individuals generally have a close personal relationship to
the judicial candidate and therefore the concerns of coercion or abuse of
judicial office are greatly diminished.  Judicial candidates should not use
this limited exception as a basis for attempting to skirt the general
prohibition against solicitation of campaign contributions.



                                      RULE 4.2
   Political and Campaign Activities of Judicial Candidates in Public Elections

    (A)  A judicial candidate* in a nonpartisan, public election* shall:

    (1)  Act at all times in a manner consistent with the independence,*
integrity,* and impartiality* of the judiciary;

    (2)  comply with all applicable election, election campaign, and election
campaign fund-raising laws and regulations of this jurisdiction;

    (3)  review and approve the content of all campaign statements and
materials produced by the candidate or his or her campaign committee, as
authorized by Rule 4.4, before their dissemination; and

    (4)  take reasonable measures to ensure that other persons do not undertake
on behalf of the candidate activities, other than those described in
Rule 4.4, that the candidate is prohibited from doing by Rule 4.1.

    (B)  A candidate for elective judicial office may:

    (1)  establish a campaign committee pursuant to the provisions of Rule 4.4;

    (2)  speak on behalf of his or her candidacy through any medium, including
but not limited to advertisements, websites, or other campaign literature;

    (3)  seek, accept, or use endorsements from any person or organization.


                                      COMMENT

    [1]  Paragraphs (B) permits judicial candidates in public elections to engage in
some political and campaign activities otherwise prohibited by Rule 4.1.

    [2]  Despite paragraph (B), judicial candidates for public election remain
subject to many of the provisions of Rule 4.1.  For example, a candidate
continues to be prohibited from soliciting funds for a political
organization, knowingly making false or misleading statements during a
campaign, or making certain promises, pledges, or commitments related to
future adjudicative duties. See Rule 4.1(A), paragraphs (4), (10), and (12).

    [3]  Judicial candidates are permitted to attend or purchase tickets for
dinners and other events sponsored by political organizations on behalf of
their own candidacy or that of another judicial candidate.

    [4]  In endorsing or opposing another candidate for judicial office, a
judicial candidate must abide by the same rules governing campaign conduct
and speech as apply to the candidate's own campaign.

    [5]  Although judicial candidates in nonpartisan public elections are
prohibited from running on a ticket or slate associated with a political
organization, they may group themselves into slates or other alliances to
conduct their campaigns more effectively.



                                     RULE 4.3
                 Activities of Candidates for Appointive Judicial Office

A candidate for appointment to judicial office may:

    (A)  communicate with the appointing or confirming authority, including any
selection, screening, or nominating commission or similar agency; and

    (B)  seek endorsements for the appointment from any person or organization.


                                     COMMENT

    [1]  When seeking support or endorsement, or when communicating directly
with an appointing or confirming authority, a candidate for appointive
judicial office must not make any pledges, promises, or commitments that
are inconsistent with the impartial performance of the adjudicative duties
of the office.  See Rule 4.1(A)(12).



                                     RULE 4.4
                               Campaign Committees

    (A)  A judicial candidate* subject to public election* may establish a campaign
committee to manage and conduct a campaign for the candidate, subject to
the provisions of this Code.  The candidate is responsible for ensuring
that his or her campaign committee complies with applicable provisions of
this Code and other applicable law.*

    (B)  A judicial candidate subject to public election shall direct his or her
campaign committee:

    (1)  to solicit and accept only such campaign contributions* as are
reasonable, in any event not to exceed, in the aggregate amount allowed
as provided for by law;

    (2)  not to solicit contributions for a candidate's current campaign more
than 120 days before the date when filing for that office is first
permitted and may accept contributions after the election only as
permitted by law; and

    (3)  to comply with all applicable statutory requirements for disclosure
and divestiture of campaign contributions, and to file with the Public
Disclosure Commission all reports as required by law.


                                     COMMENT

    [1]  Judicial candidates are generally prohibited from personally soliciting
campaign contributions or personally accepting campaign contributions.  See
Rule 4.1(A)(7).  This Rule recognizes that judicial candidates must raise
campaign funds to support their candidacies, and permits candidates, other
than candidates for appointive judicial office, to establish campaign
committees to solicit and accept reasonable financial contributions or in-
kind contributions.

    [2]  Campaign committees may solicit and accept campaign contributions, manage
the expenditure of campaign funds, and generally conduct campaigns.
Candidates are responsible for compliance with the requirements of election
law and other applicable law, and for the activities of their campaign committees.



                                     RULE 4.5
           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, and the
political promises that the judge would be compelled to make in the course
of campaigning for nonjudicial elective office, together 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.


[Adopted September 9, 2010; effective January 1, 2011]