JUDICIAL ETHICS OPINION 1998-13

JUDICIAL ETHICS ADVISORY PANEL

August 14, 1998

¶0 QUESTION: May a judicial candidate place campaign materials at the headquarters of a political party?

¶1 WE ANSWER: NO.

¶2 Canon 5(A)(1): "Except as authorized herein, a Judge or a candidate for election or appointment to judicial office should not:

(a) act as a leader of or hold an office in a political organization;

(b) publicly endorse or publicly oppose another candidate for public office;

(c) make speeches on behalf of a political organization or candidate or publicly endorse a candidate for public office; or

(d) solicit funds for, or pay an assessment to or make a contribution to a political organization or candidate, or purchase tickets for political party dinners or other functions.

¶3 First, we should note a judicial candidate cannot participate in partisan political affairs nor make known his/her party affiliation. 20 O.S. §1404 and 1404.1. We also note Canon 5 does not specifically prohibit the action suggested in the question.

¶4 The Canons seek to prohibit all partisan political activities by judicial candidates. The only explicit exception is in 20 O.S. §1404.1, which permits a judicial candidate to attend a political gathering upon payment of an admission fee and "for the sole purpose of campaigning in his own behalf for a judicial office." The spirit, if not the letter, of the Canons discourage even minimal partisan political activity.

¶5 It is our opinion, as a practical matter, the campaign literature of a judicial candidate should not be placed in a political party headquarters.