Ezel / Ethics Opinions / JUDICIAL-SD

May a South Dakota judicial candidate advertise at a movie theater?

Short answer Yes. The Committee said movie theater advertising is permissible if its placement and content preserve the dignity and integrity of judicial office; it cautioned that some theaters or films could change the analysis.
Bar
JUDICIAL-SD
Issued
July 30, 2014
Source
View Original PDF

Apply this to your situation

This page answers the general question as of 2014. 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 2014
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 Not binding precedent.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 judicial candidate asked whether campaign advertising at a movie theater was permissible. The Committee said Canon 5C(1)(b)(i) allowed advertisements in newspapers, television and other media, which included this setting.

The Committee treated the choice of theater and film as relevant to the dignity and integrity required of a judicial campaign. It found an ordinary movie theater ad permissible, but said its view could change for an adult theater or a film whose content or rating made the placement unsuitable.

In practice

The opinion allowed this advertising format on the stated facts. Its qualification concerned where the ad appeared and what kind of film it preceded.

Common questions

Q: Is movie theater advertising categorically barred?

A: No. The Committee concluded that a judicial candidate could advertise there.

Q: Could the theater or film matter?

A: Yes. The Committee identified adult theaters and a film’s content or rating as possible reasons for a different result.

Background and rules framework

The Committee applied South Dakota Code of Judicial Conduct Canon 5C(1)(b)(i) on media campaign ads and the commentary’s dignity standard. It also cited Canon 1A commentary on judicial integrity.

Citations and references

  • South Dakota Code of Judicial Conduct Canons 1A and 5C(1)(b)(i).

See also

Source

What do the rules say today, for your facts?

This opinion is from 2014. Ezel checks the current rules of professional conduct in your state against your situation and cites the rules it relies on.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace