23.13. Judges who become candidates for non-judicial office

     Sometimes sitting judges decide they want to run for non-judicial elective office.  When they become a candidate, they must resign from their judicial office.  For example, in 2019, Chief Justice Bill Waller of the Missississippi Supreme Court resigned to run for Governor.  This is known as the resign to run rule.  If, however, the sitting judge wants to be considered as a candidate for a non-judicial appointed position – there is no need to resign while they are being considered for the position.[1]  One reason for the resign to run rule is that a candidate for a non-judicial position is expected to make pledges and promises with regard to what they will do if elected.  Another reason for the rule is to prevent the possibility that the candidate will retailiate if they lose the election and remain on the bench.[2] These concerns do not exist with non-elective positions.

[1] ABA Code of Judicial Conduct, Canon 4, Rule 4.5.

[2] ABA Code of Judicial Conduct, Canon 4, Rule 4.5, Comment [1].