Can an Oregon lawyer running for judicial office campaign for that office?
Apply this to your situation
This page answers the general question as of 2005. Ask about yours and see what the current Oregon Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A lawyer proposes to run for judicial office and would like to campaign for it. The opinion asks whether the lawyer may do so.
The opinion concludes yes, qualified. It applies Oregon RPC 8.2(b), under which a lawyer who is a candidate for judicial office shall comply with the applicable provisions of the Code of Judicial Conduct. Subject to any limitations in that Code, the lawyer may campaign, citing In re Fadeley.
In practice
Under the Oregon rule as it stood at the time of the opinion, RPC 8.2(b) permitted a lawyer to campaign for judicial office while requiring compliance with the Code of Judicial Conduct's provisions governing candidates. Per the opinion, the Code of Judicial Conduct sets the limits on the campaign conduct.
Common questions
Q: Can a practicing lawyer run and campaign for a judgeship?
A: Yes, qualified. The opinion concludes the lawyer may campaign, subject to the applicable provisions of the Code of Judicial Conduct under RPC 8.2(b).
Q: What rules govern the lawyer's campaign conduct?
A: The opinion concludes that a lawyer who is a candidate for judicial office must comply with the applicable provisions of the Code of Judicial Conduct.
Background and rules framework
The opinion interprets Oregon RPC 8.2(b), which requires a lawyer who is a candidate for judicial office to comply with the applicable provisions of the Code of Judicial Conduct. RPC 8.2(b) tracks Model Rule 8.2(b).
Citations and references
Rules of Professional Conduct:
- Oregon RPC 8.2(b) / Model Rule 8.2(b) (candidate for judicial office)
Cases:
- In re Fadeley, 310 Or 548, 802 P2d 31 (1990)
See also
- OSB Ethics Op. 2005-31: Improper Use of Titles
- OSB Ethics Op. 2005-7: Lawyer-Legislator Lobbying for a Client Fee
Source
- Landing page: https://www.osbar.org/ethics/toc.html
- Original PDF: https://www.osbar.org/_docs/ethics/2005-36.pdf
What do the rules say today, for your facts?
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