Ezel / Ethics Opinions / JUDICIAL-SD

Could an attorney write a newspaper letter endorsing a South Dakota judicial candidate without the campaign-ad disclaimer?

Short answer The Committee said an attorney’s letter to the editor supporting a judicial candidate was permitted and did not require the disclaimer for printed campaign literature or paid print ads under the statute it read.
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JUDICIAL-SD
Issued
August 16, 2006
Source
View Original PDF

Apply this to your situation

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 Not binding precedent.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.
View original ethics opinion (PDF)

Plain-English summary

A judicial candidate asked whether an attorney could write a letter to the editor in support of the candidacy and whether the statutory campaign disclaimer was required. The Committee answered that the letter was allowed and the disclaimer was not required.

The Committee said Canon 5C(2) permitted candidates to seek and receive publicly stated support from individuals, including lawyers. It read SDCL 12-25-4.1's disclaimer language as applying to printed campaign literature and paid print advertising, while a citizen's letter to the editor was neither.

Currency note

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

In practice

The opinion treated the attorney’s letter as public support from an individual and separated it from paid or committee campaign advertising for the cited disclaimer requirement.

Common questions

Q: Could an attorney endorse a judicial candidate in a letter to the editor?

A: Yes. The Committee said the Code did not prohibit the letter.

Q: Did the cited disclaimer statute apply to the letter?

A: No. The Committee classified it as a citizen’s attributed viewpoint, not paid advertising or printed campaign literature.

Background and rules framework

The Committee applied South Dakota Code of Judicial Conduct Canon 5C(2) on publicly stated support from individuals and interpreted SDCL 12-25-4.1’s campaign disclaimer categories.

Citations and references

  • South Dakota Code of Judicial Conduct Canon 5C(2).
  • SDCL § 12-25-4.1.

See also

Source

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