When may a Wyoming retention-election judge prepare for or campaign against active opposition?

Plain-English summary

A judge had faced public opposition in a 2006 retention election and expected it again in 2010. The judge asked whether persisting rumors and past opposition triggered Rule 4.2(B)'s exception allowing campaign activity when there is active opposition.

The committee adopted a definition requiring an organized campaign or opposing statements communicated through public media or publication reaching a large segment of the public. It said active opposition must occur during the judge's current candidacy period, from filing a retention declaration through election day. Based only on unsubstantiated rumors and innuendo largely carried over from the last election, it found no active opposition at the time of the request.

When a judge has information and reasonably determines that active opposition is imminent, the committee permitted limited preparation: a nonpartisan citizens' committee may be formed and raise money, but the judge may not personally solicit or accept funds. The committee said that committee may not spend the money until active opposition actually exists under the opinion's definition.

In practice

The opinion separates preparation for reasonably imminent opposition from campaign spending after active opposition occurs. Its conclusion that no active opposition then existed was based on the particular evidence of old rumors, rather than a finding that opposition could not emerge later.

Common questions

Q: Did rumors from the previous retention election count as active opposition in 2010?

A: No. The committee found no current active opposition based only on those unsubstantiated rumors and innuendos.

Q: What may happen before active opposition begins if it is reasonably imminent?

A: The opinion permits formation of a nonpartisan citizens' committee and fundraising by that committee, but it forbids spending campaign funds until active opposition exists.

Q: May the judge personally raise or accept campaign money?

A: No. The opinion says the judge shall not personally solicit funds or accept them.

Background and rules framework

The opinion interprets Wyoming Code of Judicial Conduct Rule 4.2(B), which restricted campaign activity by a retention candidate absent active opposition. It also discusses Rule 4.2(B)(3) and (4) concerning a nonpartisan citizens' committee and campaign funds.

Citations and references

Wyoming Code of Judicial Conduct:

• Rule 4.2(B), active opposition in a retention election.
• Rule 4.2(B)(3) and (4), citizens' committee and campaign fundraising.

See also

• WY Judicial Ethics Op. 2011-01: Public position on DUI sentencing

Source

• Landing page: Judicial Ethics Advisory Committee opinions
• Original PDF: Advisory Opinion 2010-01