State of Washington

Ethics Advisory Committee

Opinion 16-04

Questions

May a candidate for Superior Court judge, who is currently employed as an Industrial Appeals Judge with the Board of Industrial Insurance Appeals (and who is neither an incumbent Superior Court judge nor a judge at any other level of court), use the title "Judge" in front of their name in campaign communications?

Answer

Industrial appeals judges are authorized and empowered to hear appeals within the executive agency of the Board of Industrial Insurance Appeals pursuant to Title 51 RCW. Although a person who serves as an administrative law judge or acts in a judicial capacity within an executive agency is not a "judge" within the meaning of the Code of Judicial Conduct (see Application 1(A) and Comment [2]), Canon 4 of the Code applies to any person who becomes a judicial candidate for judicial office. See CJC 4.1 Comment [2]. Judicial candidates are prohibited from making any false or misleading statement knowingly or with reckless disregard for the truth. CJC 4.1(A)(10). See also CJC 4.1 Comment [7] ("judicial candidates must be scrupulously fair and accurate in all statements made by them and by their campaign committees").

Campaign communications that refer to the judicial candidate with the title "Judge" in this instance would be misleading, and not scrupulously fair and accurate. It unfairly and inaccurately suggests that the judicial candidate is the incumbent or is serving in a judicial office authorized by Article IV of the Washington Constitution.

Opinion 16-04

08/23/2016

 

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