Could a South Dakota judge endorse another judicial candidate and invite voters to ask lawyers or court staff about the candidate?

Short answer The Committee recognized endorsements allowed by Canon 5C(1)(b)(iii) and accepted references to lawyers and law enforcement, but recommended against inviting voters to ask court staff.
Bar
JUDICIAL-SD
Issued
March 22, 2006

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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.

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 Not binding precedent.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.
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Plain-English summary

A judge asked whether a sitting judge could endorse a judicial candidate and whether campaign advertising could tell voters to ask lawyers, law enforcement, the Clerk of Court or a Court Services Officer about the candidate.

The Committee cited Canon 5C(1)(b)(iii), allowing judges or candidates subject to public election to endorse or oppose candidates for the same judicial office in an election in which they were running. It accepted the proposed references to lawyers and law enforcement as requests for views on qualifications.

The Committee recommended against references to the Clerk of Court and Court Services Officers. Those employees were subject to Unified Judicial System policies limiting judicial campaign activity, and the proposed ad could put them in a difficult position and compromise confidence in judicial employees' independence.

Currency note

This 2006 opinion applied South Dakota's then-current Code of Judicial Conduct. Later changes may affect its analysis; verify the current Code before relying on it.

In practice

The opinion treated requests for views from lawyers and law enforcement differently from ad language inviting voters to seek campaign views from court personnel.

Common questions

Q: Could a judge endorse another judicial candidate?

A: The Committee cited Canon 5C(1)(b)(iii), which permitted endorsements for the same judicial office in an election in which the judge was running.

Q: Why did the Committee discourage references to court staff?

A: Court employees faced employment restrictions on campaign activity, and the ad would invite them to discuss a candidate’s qualifications.

Background and rules framework

The Committee applied former Canons 5C(1)(b)(iii), 5C(2), 1 and 3(C)(2), the Code Preamble and Unified Judicial System employment policies.

Citations and references

  • South Dakota Code of Judicial Conduct Canons 5C(1)(b)(iii), 5C(2), 1 and 3(C)(2); Preamble.
  • Unified Judicial System employment policies.

See also

Source

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