State of Washington

Ethics Advisory Committee

Question

May an appellate judge sit on a case decided by a trial court judge who has publicly supported the appellate court judge in a contested election?

Trial court judges have publicly endorsed and contributed money to appellate court judges who have been elected following contested elections.

Answer

CJC Canon 7(A) governs those political activities in which a judge or candidate for election to a judicial office may engage as well as those activities which are prohibited. Canon 7(A) in relevant part provides that judges may not make speeches for nonjudicial candidates or publicly support a nonjudicial candidate (7(A)(1)(b)), solicit funds for a nonjudicial candidate (7(A)(1)(c)), attend political party functions except as authorized by CJC Canon 7(A)(2) and may not contribute to a nonjudicial candidate. CJC Canon 7(A)(2) provides in part that during judicial campaigns, judges or candidates for election to judicial office may attend political gatherings and speak to those gatherings on their own behalf or that of another judicial candidate. Finally, CJC Canon 7(A)(3) provides that judges may contribute to, but shall not solicit funds for another judicial candidate.
CJC Canon 7(A) specifically permits a judicial officer to support another judge or judicial candidate. There are no restrictions on the ability of a judge to publicly support a judge or judicial candidate relative to either the level of court the judge or judicial candidate is seeking or the level of court of the endorsing judge. A judge is permitted to speak at political gatherings on behalf of another judge or judicial candidate. A judge is permitted to make contributions to another judge or judicial candidate’s campaign but a judge may not solicit funds for another judge or judicial candidate including from other judges. Nothing in the ethical rules which apply to judges requires recusal.

Also see Opinions 88-13 and 93-25.

Opinion 06-09

10/26/2006