State of Washington

Ethics Advisory Committee

Opinion 93-21

Question

May a campaign committee member who is also a judge pro tempore be listed as a campaign committee member on letterhead of a judicial campaign letter soliciting endorsements and/or financial contributions?

May a current sitting or retired judge be listed as a campaign committee member on letterhead of a judicial campaign letter soliciting endorsements and/or financial contributions?

Answer

The Preamble 1(B) of the Code of Judicial Conduct places some restrictions on the activities of judges pro tempore while they are acting in that capacity only. CJC Canon 7(A)(1)(c) and 7(A)(2) permit judicial officers to solicit funds for and publicly endorse a candidate for judicial office. Therefore, a judge pro tempore and a sitting judge's name may appear on letterhead that will be used in the campaign to solicit endorsements and/or financial contributions.

The Code of Judicial Conduct does not apply to retired judges.

See related opinions 88-13 and 91-22.

NOTE: Effective June 23, 1995, the Supreme Court amended the Code of Judicial Conduct. In addition to reviewing the ethics advisory opinions, the following should be noted:

Opinion 93-21—The Application section of the CJC at (A)(2) sets forth the provisions with which part-time judges are required to comply. The language in Canon 7(A)(2) has been modified. See new Canon 7(A)(3).

The Supreme Court adopted a new Code of Judicial Conduct effective January 1, 2011. In addition to reviewing the ethics advisory opinions, the following should be noted:

CJC Application III
CJC Terminology “Pro tempore judge”
CJC 4.1
CJC Application I

Opinion 93-21

08/02/1993

 

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