May a judge’s spouse independently work, endorse, and raise funds for a candidate for public office?

Short answer Yes. The Committee says judicial Canons govern the judge rather than the spouse, and cautions that the spouse should ensure the work is understood as personal activity rather than surrogate participation by the judge.
Bar
JUDICIAL-MD
Issued
February 10, 1986

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.

Currency note: this opinion is from 1986
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 Not binding precedent.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 as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

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

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.

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