Can a Michigan judge publicly endorse a judicial candidate by name in a campaign brochure or radio ad?

Plain-English summary

A district court judge asked whether the judge could allow a candidate for judicial office to run a radio advertisement and use campaign literature quoting the judge's endorsement of the candidate. The Committee began with MCJC 2C and 7A, under which a judge must avoid lending the prestige of judicial office to advance the private interests of others and may not engage in political activity except on behalf of measures to improve the law, the legal system, or the administration of justice.

The Committee concluded that a judge is not prohibited, by law or by ethics rules, from endorsing judicial candidates. It relied on Judicial Tenure Commission Advisory Opinions: JTC A/O 52 expressly permitted a judge to distribute endorsement cards for another judge's candidacy, and JTC A/O 13 and 108 reasoned that while MCJC 7A(1)(b) prohibits endorsing candidates for nonjudicial office, it is silent on candidates for judicial office, so that, had the Code intended to preclude endorsement of judicial candidates, it would have forbidden it in the same fashion.

The Committee therefore concluded that a judge may allow the judge's name and judicial title to be used in a campaign brochure and a radio ad quoting the judge's support of a judicial candidate. It added one limit: a judge may not solicit funds or engage in fundraising for a judicial candidate, and the endorsement may not be used for fundraising (JI-14).

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 Treat this page as historical context, not current guidance.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 judge endorse another judicial candidate by name in an ad?

A: Yes. The opinion concluded that the judge may allow the judge's name and judicial title to be quoted endorsing a judicial candidate, because MCJC 7A(1)(b) prohibits endorsing nonjudicial candidates but not judicial ones.

Q: Could that endorsement be used for fundraising?

A: No. The opinion concluded that a judge may not solicit funds or engage in fundraising for a judicial candidate, and the endorsement may not be used for fundraising.

Q: Where did the permission to endorse judicial candidates come from?

A: Per the opinion, from the silence of MCJC 7A(1)(b) on judicial candidates, as read in Judicial Tenure Commission Advisory Opinions 13, 52, and 108.

Background and rules framework

The opinion interpreted MCJC 2C (not lending the prestige of office to advance others' private interests) and MCJC 7A of the Michigan Code of Judicial Conduct, in particular MCJC 7A(1)(b), which bars endorsing nonjudicial candidates but is silent on judicial candidates, read together with the Judicial Tenure Commission's advisory opinions and the Committee's earlier JI-14 on fundraising.

Citations and references

Code of Judicial Conduct:

• MCJC 2C (not lending judicial prestige to others' interests)
• MCJC 7A(1)(b) (no endorsement of nonjudicial candidates; silent on judicial ones)

Other opinions cited:

• JI-14 (no fundraising for a judicial candidate)
• JTC Advisory Opinions 13, 52, 108 (endorsing judicial candidates)

See also

• Mich Ethics Op. JI-93: Sharing Events With Candidates
• Mich Ethics Op. JI-11: Judge's Name on Party Ticket
• Mich Ethics Op. JI-131: Judicial Campaign Speech

Source

• Landing page: https://www.michbar.org/opinions/ethics/numbered_opinions?OpinionID=804&Type=6

Original opinion text

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

JI-95

August 1, 1994

SYLLABUS

A judge may allow the judge's name and judicial title to be used in a campaign brochure and a radio in which the judge is quoted as supporting a judicial candidate judge, as long as the endorsement is not used for fundraising.

References: MCJC 7A(1)(b); JI-14; JTC A/O 13, 52, 108.

TEXT

A district court judge asks whether the judge may allow a candidate for judicial office to run a radio advertisement which quotes the judge's endorsement of the candidacy. The radio ad would read:

"This is *** District Judge ***. I have known [candidate] in his former capacity as . . . and in his present capacity as . . . [Candidate] is a person of integrity, compassion and common sense -- qualities which are crucial to the position of . . . judge. I endorse his candidacy for re-election to the position of . . . ."

A similar endorsement would appear in the candidate's campaign literature.

"[Candidate] possesses the qualities essential to the position of . . . judge: integrity, compassion and common sense. I endorse [Candidate's] reelection to this vital office."

A judge must avoid lending the prestige of judicial office for the advancement of the private interests of others, and shall not engage in any other political activity except on behalf of measures to improve the law, the legal system or the administration of justice. MCJC 2C, 7A.

A judge is not prohibited from endorsing judicial candidates by law or by ethics rules. JTC A/O 52 explicitly permitted a judge to distribute endorsement cards endorsing the candidacy of another judge. In accord, JTC A/O 13 and JTC A/O 108, which state:

"Although MCJC 7A(1) prohibits endorsements of candidates for nonjudicial office, it is silent in regard to candidates for judicial office. Therefore this type of endorsement is permitted." JTC A/O 13."

"MCJC 7A(1)(b) specifically prohibits a judge or candidate for judicial office from making speeches on behalf of a political party or nonjudicial candidate, or publicly endorsing a candidate for nonjudicial office. It does not, however specifically prohibit endorsement of a candidate for judicial office. It is logical to conclude that, had the code intended to preclude endorsement of judicial candidates, this conduct would be forbidden in the same fashion as proscribed regarding the endorsement of nonjudicial candidates." JTC A/O 108.

Therefore, a judge may allow the judge's name and judicial title to be used in a campaign brochure and a radio advertisement in which the judge is quoted as supporting a judicial candidate judge. It should be noted, however, that a judge may not solicit funds nor engage in fundraising for a judicial candidate, and the endorsement proposed may not be used for fundraising. JI-14.