Did the South Dakota Code of Judicial Conduct require judicial candidates to follow the campaign-ad disclaimer provision in SDCL 12-25-4.1?
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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 judicial candidate asked whether candidates had to comply with SDCL 12-25-4.1, which specified disclaimers for printed campaign literature and certain paid or discounted advertisements. The Committee answered yes under the Code of Judicial Conduct.
The opinion recognized that SDCL 12-25-6.1 exempted judicial candidates from the chapter's statutory provisions. It concluded, however, that Supreme Court Rule 05-13 had incorporated the disclaimer provision into Canon 5C(2). The Committee confined its answer to the Code and said it could not decide the disputed application of a statute to a candidate.
Currency note
This 2006 opinion applied South Dakota's then-current Code of Judicial Conduct and campaign statutes. Later changes may affect its analysis; verify the current sources before relying on it.
In practice
Under the Code as the Committee read it, judicial candidates had to follow the incorporated disclaimer provision in their campaigns.
Common questions
Q: Did the Committee find that the legislative exemption ended the Code's disclaimer requirement?
A: No. It said the Supreme Court had incorporated SDCL 12-25-4.1 into the Code.
Q: Did the Committee decide how the statute independently applied to a judicial candidate?
A: No. It said its role was to interpret the Code of Judicial Conduct, not resolve a disputed statutory question.
Background and rules framework
The Committee applied former Canon 5C(2), Supreme Court Rule 05-13 and SDCL 12-25-4.1. It discussed the separate exemption in SDCL 12-25-6.1 and the Supreme Court's authority under article V, sections 9 and 12 of the South Dakota Constitution.
Citations and references
- South Dakota Code of Judicial Conduct Canon 5C(2); Supreme Court Rule 05-13.
- SDCL §§ 12-25-4.1, 12-25-6.1; S.D. Const. art. V, §§ 9, 12.
See also
Source
- Landing page: Judicial Elections Committee
- Original PDF: 2006 prior-opinions compilation, Opinion 06-07
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