Can a Michigan judicial candidate hand out campaign literature at a nonjudicial candidate's event, and host that candidate's materials at the judge's own event?

Plain-English summary

The Committee was asked whether an incumbent judge could attend and campaign for re-election at a party given for a partisan county-commission candidate, and leave campaign materials on a table for distribution after leaving, and whether the judicial candidate could reciprocate by providing a table for the partisan candidate's materials at a party held for the judicial candidate.

The Committee read MCJC 7A(2), which permits a judge or candidate to attend political gatherings and speak on the judge's own behalf or for other judicial candidates. It concluded that attendance and speech at political gatherings does not bar the distribution of the judicial candidate's own campaign material, with or without the candidate's immediate presence. The Committee then applied MCJC 7A(1), which bars a judge or candidate from making speeches for a party or nonjudicial candidate or publicly endorsing a nonjudicial candidate, and concluded that providing special facilities, such as a card table, for a nonjudicial candidate's materials might easily be interpreted as a promotion or endorsement of that candidacy, and so is impermissible.

The Committee drew the line at "particular" assistance. Citing CI-778 (joint and concurring appearances at a debate) and CI-493 (use of a judge's home for a nonjudicial candidate's campaign party), it concluded that nonjudicial candidates may attend a judicial candidate's event and seek to promote themselves, and as long as the judicial candidate offers no particular assistance to any given candidate and the opportunity does not create an appearance of endorsement, there is no ethical violation.

Currency note

This opinion was issued in 1994 under the Michigan Code of Judicial Conduct as it then stood. The Code has since been amended, and later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.

Common questions

Q: Could a judicial candidate hand out campaign literature at a nonjudicial candidate's party?

A: Yes. The opinion concluded that attending and distributing the judicial candidate's own campaign material at an event held for a nonjudicial candidate is permitted under MCJC 7A(2).

Q: Could the judicial candidate set up a table for a nonjudicial candidate's materials at the judge's own event?

A: No. The opinion concluded that providing special facilities for a nonjudicial candidate's materials could be read as a promotion or endorsement of that candidate, which MCJC 7A(1)(b) forbids.

Q: What if nonjudicial candidates simply show up and promote themselves?

A: Per the opinion, that is permissible as long as the judicial candidate offers no particular assistance to any candidate and the opportunity creates no appearance of endorsement.

Background and rules framework

The opinion interpreted MCJC 7A of the Michigan Code of Judicial Conduct, contrasting the permitted activities in MCJC 7A(2)(a) and (b) (attending and speaking at political gatherings) with the prohibition in MCJC 7A(1)(b) (speeches for or endorsement of a nonjudicial candidate).

Citations and references

Code of Judicial Conduct:

• MCJC 7A(1)(b) (no speeches for or endorsement of a nonjudicial candidate)
• MCJC 7A(2)(a), (b) (attending and speaking at political gatherings)

Other opinions cited:

• CI-778 (joint and concurring appearances at a debate)
• CI-493 (use of a judge's home for a nonjudicial candidate's campaign party)

See also

• Mich Ethics Op. JI-36: Judge's Ad in a Party Ad Book
• Mich Ethics Op. JI-11: Judge's Name on Party Ticket
• Mich Ethics Op. JI-95: Endorsing a Judicial Candidate

Source

• Landing page: https://www.michbar.org/opinions/ethics/numbered_opinions?OpinionID=802&Type=6

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

JI-93

June 28, 1994

SYLLABUS

A judicial candidate may attend and distribute personal campaign literature at an event held for a nonjudicial candidate.

A judicial candidate may not afford a particular opportunity for the distribution of a nonjudicial candidate's campaign materials at an event given for the judicial candidate.

References: MCJC 7A(1)(b), 7A(2)(a) and (b); CI-493, CI-778.

TEXT

May an incumbent judge attend and campaign for re-election at a party given for a partisan county commission candidate, and leave bumper stickers, handouts, and other campaign material on a table provided to facilitate their distribution after the judicial candidate has left the event? May a judicial candidate reciprocate in kind, including the provision of a table for distribution of a partisan candidate's material at a party held for the judicial candidate?

MCJC 7A(2) states:

"(2) A judge or candidate for judicial office may:

"(a) attend political gatherings;

"(b) speak to such gatherings on the judge's own behalf or on behalf of other judicial candidates;

"(c) contribute to a political party."

It is safe to conclude that attendance and speech at political gatherings would not prohibit the promulgation and distribution of a judicial candidate's campaign material with or without the judicial candidate's immediate presence.

MCJC 7A states:

"(1) A judge or a candidate for judicial office should not:

"(a) hold any office in a political party;

"(b) make speeches on behalf of a political party or nonjudicial candidate or publicly endorse a candidate for non-judicial office."

Providing special facilities such as a card table for a nonjudicial candidate's campaign materials might easily be interpreted as a promotion or endorsement of the candidate's election. Such conduct is impermissible by a judge or judicial candidate.

Candidates for nonjudicial offices may well be attendees at a political affair of a judicial candidate and in the course of the event seek to promote their own candidacies. As long as the judicial candidate offers no particular assistance to any given candidate and the opportunity for such campaigning does not promote any appearance of endorsement by the judicial candidate, there is no ethical violation. See CI-778 (joint and concurring appearances at a debate); CI-493 (use of judges home for non-judicial candidate's campaign party).

Thus, a judicial candidate may attend and campaign at a party held for non-judicial candidate including distribution of campaign literature. A particular opportunity for the distribution of a given non-judicial candidate's campaign materials at a party given for a judicial candidate is impermissible.