23.09. Political activities of sitting judges

It is a fundamental tenet of judging that a judge should be impartial and should not be engaged in actity that would lead litigants or the public to believe that the judge is biased or can not neutrally reach a decision.  One reason that a litigant (or the public) could believe that a judge is biased is if the judge is actively engaged in political activity.  If judges were allowed to be politically active, the public could believe that the judge would be influenced by political considerations in their decisions.[1]  Therefore, Rule 4.1 essentially prohibits all political activity except voting – a judge may register with a political party (e.g. Republicans/Democrats) and vote. 

A judge cannot be involved in a political organization (holding office or soliting funds for).  The judge also cannot make speeches on behalf of a political organization or attend or purchase tickets for dinners or other events sponsored by a political organization or a candidate for office.  A judge also cannot publicly identify themselves as the candidate of a political organization or seek/accept/use an endorsement from a political organization.  The concern is that the judge could be perceived as making decisions based on political influence.  Furthermore, a judge cannot publicly endorse/oppose or raise money for a candidate for public office – this extends even to members of the judge’s family that may be running for office.  The concern is that it could be perceived that the judge is using the prestige of her office to advance the interests of the political organization or candidate.[2] A judge is also prohibited from making any statements that would reasonably be expected to affect the outcome for fairness of a pending or impending matter in any court.[3]  A judge is also prohibited from making “pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office.”[4]

[1] ABA Code of Judicial Conduct, Canon 4, Rule 4.1, Comment [3].

[2] ABA Code of Judicial Conduct, Canon 4, Rule 4.1(A)(1)-(3), Comments [4] & [5].

[3] ABA Code of Judicial Conduct, Canon 4, Rule 4.1(A)(12).

[4] ABA Code of Judicial Conduct, Canon 4, Rule 4.1(A)(11-13).