May a judge’s spouse independently work, endorse, and raise funds for a candidate for public office?
Apply this to your situation
This page answers the general question as of 1986. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
A judge asked whether the spouse could campaign, endorse, and solicit funds for a candidate for public office.
The Committee acknowledged that the judge faced political-activity restrictions and that a spouse’s public actions could affect perceptions of the judge. It nevertheless concluded that judicial Canons did not directly regulate the spouse. It cautioned that the spouse should ensure everyone understood the work as spousal participation rather than surrogate judicial participation.
The opinion request number is 1985-06; the PDF states that the opinion was issued February 10, 1986.
In practice
The opinion permits the spouse’s independent campaign activity while distinguishing it from proxy campaigning by the judge.
Common questions
Q: Do judicial Canons directly govern the spouse?
A: No. The Committee says they apply to judges.
Q: Did the Committee ignore appearances?
A: No. It acknowledged that a spouse’s actions can affect public perception.
Q: What caution did the Committee give?
A: It cautioned that the spouse should ensure the campaign work is understood as spousal participation, not surrogate judicial participation.
Background and rules framework
The opinion applies the then-cited Maryland Canons of Judicial Ethics, Canon XXVII, to the judge’s obligations and distinguishes the spouse’s independent conduct.
Citations and references
- Maryland Canons of Judicial Ethics, Canon XXVII.
- Maryland JEC Opinion Request 1976-03.
See also
Source
- Landing page: Maryland Judicial Ethics Committee opinion index
- Original PDF: Opinion 1985-06
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Maryland Judicial Ethics Committee
Opinion Request Number: 1985-06
Date of Issue: February 10, 1986
O Published Opinion G Unpublished Opinion G Unpublished Letter of Advice
Political Activity by Judge’s Spouse
A judge has asked the Committee whether it is proper for a judge’s spouse to work in the campaign of, endorse, solicit funds for, and otherwise campaign for a person seeking elective office in city, county, state, or federal government.
We recognize that Canon XXVII of the Canons of Judicial Ethics imposes substantial restrictions on political activity by a judge, particularly on a judge who is not an immediate candidate for election to judicial office. We recognize, too, that the activities of one spouse can affect the public’s perception of the other spouse, as the painful experiences of some political candidates have illustrated. Nevertheless, the Canons of Judicial Ethics apply only to judges and do not control or govern the conduct and activities of a judge’s spouse. See [Opinion Request No. 1976- 03] (20 February 1976).
Accordingly, we perceive no ethical objection to the proposed activity of the judge’s spouse.
The Committee cautions that the spouse should insure that his or her participation in the campaign is understood by all to be spousal participation and not surrogate judicial participation.
What do the rules say today, for your facts?
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