Ezel / Ethics Opinions / OSB
OSB August 2005

Can an Oregon lawyer publicly campaign for and endorse candidates for judicial or other elected office?

Short answer: Yes. The opinion concludes no ethical rule prohibits a lawyer from assisting in others' campaigns, including speaking publicly and lending the lawyer's name to endorsements, so long as the lawyer does not make knowingly false statements about a judge's or candidate's qualifications or integrity.

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 Not binding precedent.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 wishes to campaign in support of various candidates for judicial or other elected office, including speaking publicly on their behalf and lending the lawyer's name to written endorsements. The opinion asks whether the proposed conduct is ethical.

The opinion concludes yes. It states no ethical rule prohibits lawyers from assisting in the campaigns of others. It notes that Oregon RPC 3.5(a) bars a lawyer from seeking to influence a judge, juror, or other official by means prohibited by law, and that RPC 8.2(a) bars a lawyer from making a statement the lawyer knows to be false, or with reckless disregard for its truth, concerning the qualifications or integrity of a judge, adjudicatory officer, or candidate for such office. But the opinion finds no reason to believe such conduct is contemplated here.

In practice

Under the Oregon rules as they stood at the time of the opinion, campaigning for and endorsing candidates was permitted, with RPC 3.5(a) and RPC 8.2(a) marking the limits: no influencing officials by unlawful means and no knowingly or recklessly false statements about a judge's or candidate's qualifications or integrity. Per the opinion, ordinary public endorsement does not implicate those bars.

Common questions

Q: Can a lawyer publicly endorse a candidate for office?

A: Yes. The opinion concludes no ethical rule prohibits a lawyer from assisting in others' campaigns, including speaking publicly and lending the lawyer's name to endorsements.

Q: Can a lawyer campaign for a judicial candidate?

A: Yes. The opinion concludes the same, subject to RPC 8.2(a)'s bar on knowingly or recklessly false statements about a judge's or candidate's qualifications or integrity.

Q: What limits apply?

A: The opinion identifies RPC 3.5(a) (no influencing officials by means prohibited by law) and RPC 8.2(a) (no knowingly or recklessly false statements about qualifications or integrity).

Background and rules framework

The opinion interprets Oregon RPC 3.5(a) (improper influence on officials) and RPC 8.2(a) (false statements about judges and judicial candidates). These track Model Rules 3.5 and 8.2.

Citations and references

Rules of Professional Conduct:

  • Oregon RPC 3.5(a) / Model Rule 3.5 (improper influence on officials)
  • Oregon RPC 8.2(a) / Model Rule 8.2 (statements about judges and candidates)

Other opinions cited:

  • OSB Formal Op. 2005-64: a lawyer's public comments on a judge's competence

See also

Source

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