STATE OF WASHINGTON
ETHICS ADVISORY COMMITTEE
OPINION NO. 94-10


Question
     1) Under RCW 42.52.180 may judicial officers help organize the
campaign committee which will be responsible for conducting the bond
campaign for a new juvenile court facility and will include drafting
materials, signs, raising funds, newspaper ads, and those activities
normally associated with a bond campaign?

     2) May judicial officers speak at public groups  such as PTAs, Rotary,
Chamber of Commerce and other such community bodies to promote the levy
and/or facility?

     3) May judicial officers release newspaper press releases and comments
of encouragement to the campaign?

     4) May judicial officers directly solicit community support
individually or collectively by written material or personal contact or
such other normal activities of a campaign?

     5) Should judicial officers restrict the juvenile court facility bond
levy activities of county court staff?

     6) Are any of the exemptions under RCW 42.52.180 available for these
activities?

     RCW chap. 42.52 is comprehensive ethics legislation which covers
appellate court judges, superior court judges, and court personnel employed
by the appellate courts and the Office of the Administrator for the Courts.

     A county is considering a bond measure to build a juvenile facility
and will be placing it on the ballot either this year or next.  The
juvenile court facility is a direct responsibility of the county superior
court.  The judges employ the staff and administer all activities of the
court which includes detention of individual youth.

Answer
     1) Under RCW 42.52.180 a judicial officer may help organize the
campaign committee which will be responsible for conducting the bond
campaign for a new juvenile court facility and which will include drafting
materials, signs, raising funds, newspaper ads and other activities
normally associated with a bond campaign.  The judicial officer, however,
should not use public facilities such as stationery, postage, machines,
equipment, use of state employees during working hours, vehicles, office
space and publications in these organization efforts.

     2) CJC Canon 7(A)(4) permits a judicial officer to speak on behalf of
measures that will improve the law, the legal system and the administration
of justice.  A judicial officer may speak at public groups such as PTAs,
Rotary, Chamber of Commerce and other community bodies to promote the levy
and/or juvenile court facility.

     3) A judicial officer may issue press releases and comments of
encouragement to the campaign but these actions should not be accomplished
by use of public facilities or the use of state employees during working
hours.

     4) A judicial officer may solicit community support individually or
collectively by written materials or personal contact or normal activities
of a campaign but a judicial officer may not personally solicit funds in
support of the ballot measure.

     5) RCW Chap. 42.52 does not apply to court employees of the superior
courts.  Individual counties may have rules or ordinances which address the
permissible campaign activities for employees which the judicial officer
should consult.  A judicial officer should require that court employees
engage in no campaign activities on behalf of the ballot measure during
working hours.

     6) Subsections (b) and (c) are available exemptions in RCW 42.52.180
for judicial officers participating in these activities.


		
 

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