If a practicing lawyer runs for judge, are they held to the judicial-candidate conduct rules that apply to sitting judges?
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This page answers the general question as of 1973. Ask about yours and see what the current Wisconsin Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
Opinion E-73-4 responded to inquiries about the ethical rules for attorneys who are candidates for judicial office. The committee observed that the Code of Professional Responsibility contained no guidelines for such attorneys other than Canon 8's prohibition on a lawyer making false or misleading statements about a judge, whereas the Wisconsin Code of Judicial Ethics (Rules 8, 12, and 13) set out guidelines for sitting judges who are judicial candidates. The committee faced the question whether it could extend the judicial rules to nonjudicial officers running for judicial office.
The committee found precedent for the extension in ABA Formal Ethics Opinion 312, which had placed the incumbent judge and the aspiring judge on the same footing, imposing the stricter burden of the Canons of Judicial Ethics on both rather than the lesser burden of the Canons of Professional Ethics. The committee noted it had already adopted that reasoning in 1971 when, in Advisory Opinion E-71-1, it extended to lawyer-candidates its earlier rule (October 26, 1970) that lawyers may not participate in testimonial dinners for sitting judges who are candidates unless the function is sponsored by a bar association.
The committee concluded that it would adopt an advisory opinion extending the Wisconsin Code of Judicial Ethics Rules 8, 12, and 13 on the conduct of judicial candidates to attorneys seeking judicial office, and it commended the guidelines of ABA Formal Opinion 312 to all candidates for judicial office.
Currency note
This opinion was issued in 1973, before Wisconsin's July 1, 2007 adoption of the revised Rules of Professional Conduct for Attorneys (the state's Ethics 2000 update), and it applies the former Code's Canon 8 together with the then-current Wisconsin Code of Judicial Ethics. The current counterpart governing a lawyer's or judicial candidate's statements is SCR 20:8.2 / Model Rule 8.2 (judicial and legal officials; candidates), and the conduct of judicial candidates is now governed by the Wisconsin Code of Judicial Conduct (SCR Chapter 60). Subsequent rule amendments or 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, deadline, or requirement mentioned here.
Common questions
Q: Is a lawyer running for judge bound by the judicial conduct rules?
A: Under this opinion, yes. The committee extended the Wisconsin Code of Judicial Ethics rules on judicial-candidate conduct (Rules 8, 12, and 13) to attorneys seeking judicial office.
Q: Why apply judicial rules to someone who is not yet a judge?
A: The committee relied on the fairness doctrine of ABA Formal Opinion 312, which placed incumbent and aspiring judges on the same footing so that the stricter judicial standard applies to both candidates.
Q: What did the Code of Professional Responsibility itself say about judicial candidates?
A: Little. The committee noted the only directly applicable provision was Canon 8's prohibition on a lawyer making false or misleading statements concerning a judge.
Background and rules framework
The opinion applied the former Code's Canon 8 and extended the Wisconsin Code of Judicial Ethics (Rules 8, 12, and 13), following ABA Formal Opinion 312, to attorney candidates for judicial office. The current counterpart is SCR 20:8.2 / Model Rule 8.2 (judicial and legal officials; candidates), with judicial-candidate conduct governed by the Wisconsin Code of Judicial Conduct.
Citations and references
Rules of Professional Conduct:
- Model Rule 8.2 / SCR 20:8.2 (judicial and legal officials; candidates for judicial office); former Code Canon 8
Other opinions cited:
- ABA Formal Opinion 312: judicial-candidate guidelines; incumbent and aspiring judges on the same footing
- Wisconsin Advisory Opinion E-71-1: extending the judicial-testimonial rule to lawyer-candidates
See also
- WI Ethics Op. E-88-3: Judicial Candidates and Political Party Membership
- WI Ethics Op. E-72-1: Local Bar Judicial Endorsement Programs
Source
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