Could a judge’s spouse place a candidate campaign sign on property the judge and spouse jointly own?

Short answer The Committee said displaying the described sign on their jointly owned property would be improper because it could be construed as the judge’s political endorsement, while recognizing the spouse’s freedom to participate in politics.
Bar
JUDICIAL-AR
Issued
June 12, 2006

Apply this to your situation

This page answers the general question as of 2006. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Currency note: this opinion is from 2006
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A judge asked whether his wife could place a political advertisement sign on property they jointly owned. The Committee distinguished her political activity from the judge’s restrictions under then-current Canon 5.

It said the spouse was free to participate in politics, but displaying the proposed sign on jointly owned property would be improper because it could appear to be the judge’s endorsement of the candidate. The opinion also cited the judge’s duty to encourage family members to adhere to the relevant political-conduct standard.

In practice

The opinion’s answer is limited to a candidate sign on property owned by the judge and spouse. It does not prohibit the spouse’s own political participation.

Common questions

Q: Could the spouse participate in a political campaign?

A: Yes. The Committee expressly said she was free to participate.

Q: Could the sign be displayed on jointly owned property?

A: The Committee said that would be improper because the sign could be construed as the judge’s endorsement.

Background and rules framework

The Committee applied Arkansas Code of Judicial Conduct Canon 5(A)(1) and 5(A)(3) as they stood in 2006.

Citations and references

  • Arkansas Code of Judicial Conduct Canon 5(A)(1) and 5(A)(3).

See also

No sibling opinions yet indexed.

Source

Original opinion text

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

June 12, 2006

Honorable Phil Shoffner

White County Circuit Court

107 East Center Avenue

Searcy, AR 72143

RE: Advisory Opinion 2006-03

Dear Judge Shoffner:

You have asked whether your wife may place a political advertisement sign on property owned by you and your wife.

The Code of Judicial Conduct places clear restrictions on a judge. A judge may not publically endorse or publically oppose a candidacy seeking election to office. Canon 5 (a)(1). In addition, the judge must encourage members of his family to adhere to the same standard of political conduct. Canon 5 (a)(3).

Your question is that “all that being said, may I, as an elected judicial officer exhibit (with my wife having given permission) a political advertisement….” The answer to that is that we can conclude that you, as an elected judicial officer, may not participate in a political campaign. However, your wife is free to participate. Your spouse should make all efforts to avoid any suggestion or hint that you, the judge, are supportive of the candidate for whom she is campaigning. It is therefore, the opinion of the committee that is would be improper for a sign, such as you have described, to be displayed on property owned by you and your wife, as this could be construed as a political endorsement by you.

For the Committee

John B. Plegge

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