Could a South Dakota judge endorse another judicial candidate and invite voters to ask lawyers or court staff about the candidate?
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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.
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
- Landing page: Judicial Elections Committee
- Original PDF: 2006 prior-opinions compilation, Opinion 06-02
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