CANON 7--JUDGES SHALL REFRAIN FROM POLITICAL ACTIVITY
INAPPROPRIATE TO THEIR JUDICIAL OFFICE
(A) Political Conduct in General.
(1) Judges or candidates for election to judicial office shall not:
(a) act as leaders or hold any office in a political organization;
(b) make speeches for a political organization or nonjudicial candidate
or publicly endorse a nonjudicial candidate for public office;
(c) solicit funds for or pay an assessment or make a contribution to a
political organization or nonjudicial candidate;
(d) attend political functions sponsored by political organizations or
purchase tickets for political party dinners or other functions, except as
authorized by Canon 7(A)(2);
(e) identify themselves as members of a political party, except as
necessary to vote in an election;
(f) contribute to a political party, a political organization or
nonjudicial candidate.
(2) During judicial campaigns, judges or candidates for election to
judicial office may attend political gatherings, including functions
sponsored by political organizations, and speak to such gatherings on their
own behalf or that of another judicial candidate.
(3) Judges may contribute to, but shall not solicit funds for another
judicial candidate.
(4) Judges shall resign from office when they become candidates either
in a primary or in a general election for a nonjudicial office, except that
they may continue to hold office while being a candidate for election to or
serving as a delegate in a state constitutional convention, if they are
otherwise permitted by law to do so.
Comment
See State ex rel. Reynolds v. Howell, 70 Wash. 467, 126 P. 954 (1912)
and State ex rel. Chandler v. Howell, 104 Wash. 99, 175 P. 569 (1918).
(5) Judges should not engage in any other political activity except on
behalf of measures to improve the law, the legal system or the
administration of justice.
(B) Campaign Conduct.
(1) Candidates, including an incumbent judge, for a judicial office:
(a) should maintain the dignity appropriate to judicial office, and
should encourage members of their families to adhere to the same standards
of political conduct that apply to them;
(b) should prohibit public officials or employees subject to their
direction or control from doing for them what they are prohibited from
doing under this canon; and except to the extent authorized under Canon
7(B)(2) or (B)(3), they should not allow any other person to do for them
what they are prohibited from doing under this canon;
(c) should not
(i) make pledges or promises of conduct in office other than the
faithful and impartial performance of the duties of the office;
(ii) make statements that commit or appear to commit the candidate with
respect to cases, controversies or issues that are likely to come before
the court; or
(iii) knowingly misrepresent the identity, qualifications, present
position or other fact concerning the candidate or an opponent.
Comment
Section 7(B)(1)(c) prohibits a candidate for judicial office from
making statements that appear to commit the candidate regarding cases,
controversies or issues likely to come before the court. As a corollary, a
candidate should emphasize in any public statement the candidate's duty to
uphold the law regardless of his or her personal views. See also Section
3(A)(6), the general rule on public comment by judges. Section 7(B)(1)(c)
does not prohibit a candidate from making pledges or promises respecting
improvements in court administration. Nor does this Section prohibit an
incumbent judge from making private statements to other judges or court
personnel in the performance of judicial duties. This Section applies to
any statement made in the process of securing judicial office.
(2) Candidates, including incumbent judges, for a judicial office that
is filled by public election between competing candidates shall not
personally solicit or accept campaign contributions. They may establish
committees of responsible persons to secure and manage campaign funds and
to obtain public statements of support. Such committees may solicit
campaign contributions and public support from lawyers and others.
Candidates' committees may solicit contributions no earlier than 120 days
from the date when filing for that office is first permitted and no later
than 60 days after the final election in which the candidate participated.
Candidates shall not use or permit the use of campaign contributions for
the private benefit of themselves or members of their families. Candidates
shall comply with all laws requiring public disclosure of campaign
finances, which may require knowledge of campaign contributions. When an
unsolicited contribution is delivered directly to the candidate, receipt
and prompt delivery of the contribution to the appropriate campaign
official is not prohibited.
Comment
Although campaign contributions of which a judge has knowledge are not
prohibited, these contributions may be relevant to recusal.
(3) An incumbent judge who is a candidate for office without a
competing candidate may obtain public support and campaign contributions in
the manner provided in Canon 7(B)(2).
[Canon 7 amended effective September 1, 1983; January 18,1985;
March 25, 1988; Canon 7 amended and Comments adopted
effective June 23, 1995.]
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