May a judge’s spouse work for a candidate in a nonjudicial political campaign?

Plain-English summary

A circuit judge asked whether his wife could work, with or without pay, for a statewide political candidate. The Committee distinguished restrictions on the judge’s own endorsements and party identification from the spouse’s political activity.

It concluded that the spouse was free to work in a nonjudicial political campaign, paid or unpaid. The opinion added that she should avoid suggesting that the judge supported the candidate.

Common questions

Q: Does the answer depend on whether the spouse is paid?

A: No. The Committee expressly allowed both paid and volunteer participation.

Q: Did the opinion permit the judge to endorse the candidate?

A: No. It identified restrictions on the judge’s own public endorsement and said the spouse should avoid implying the judge’s support.

Background and rules framework

The Committee considered then-current Arkansas Code of Judicial Conduct Canons 5 (A) (1), 5 (F), and 5 (A) (3), together with the Code commentary on family members’ other political activities.

Citations and references

• Arkansas Code of Judicial Conduct Canons 5 (A) (1), 5 (F), and 5 (A) (3).

See also

No sibling opinions yet indexed.

Source

• Landing page: https://jddc.arkansas.gov/opinions/opinion-no-02-06/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

June 26, 2002

Circuit Judge David Goodson

Division 7 Second Judicial District

320 W. Court St., #210

Paragould, AR 72450

RE: Advisory Opinion 2002-06

Dear Judge Goodson:

You have asked whether your wife may work, either as a volunteer or as a paid employee, in the political campaign of a candidate seeking election to a statewide office.

The Code of Judicial Conduct places clear restrictions on a judge. A judge may not publicly endorse or publicly oppose a candidate seeking election to office. Canon 5 (A) (1). A judge may not identify himself as a member of a political party. Canon 5 (F). In addition the judge must encourage members of the candidate's family to adhere to the same standards of political conduct. Canon 5 (A) (3). The context of that language suggests that in the course of judicial campaigns, the candidate must encourage his relatives to behave in the same fashion.

However, the issue here is whether the Code bars a spouse from participating in a non-judicial political campaign. We note that the Commentary to the Code states that family members are free to participate in other political activity. Further it is questionable whether authority exists to bar relatives, who do not serve as public servants, from political life.

We conclude that the spouse of a judge is free to participate in other political campaigns. The participation may be on a paid or on a voluntary basis. However, the spouse should make all efforts to avoid any suggestion or hint that the judge is supportive of a candidate.

Very truly yours,

Howard W. Brill

For the Committee