Ezel / Ethics Opinions / OSB
OSB August 2005

Can an Oregon lawyer running for judicial office campaign for that office?

Short answer: Yes, qualified. The opinion concludes a lawyer may campaign for judicial office, subject to compliance with the applicable provisions of the Code of Judicial Conduct as required by Oregon RPC 8.2(b).

Apply this to your situation

This page answers the general question as of 2005. Ezel answers yours: whether it's allowed on your facts, under the current Oregon Rules of Professional Conduct, with citations.

Currency note: this opinion is from 2005
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 Not binding precedent.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 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

Source

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