At what point does a lawyer planning to run for judge become subject to the Code of Judicial Conduct's limits on political activity?

Plain-English summary

The inquiry concerned a lawyer's participation in partisan political activities or meetings in light of the lawyer's intention to seek election to judicial office. The question was when the Code of Judicial Conduct's restrictions on political activity begin to apply.

The committee was of the opinion that the person is required to comply with the provisions of Code of Judicial Conduct Canon 7 at the point that they become a candidate for judicial office. That point is reached either by declaring oneself such a candidate, or when one becomes subject to the Public Disclosure Act.

Currency note

This opinion was issued in 1988 and interprets the Code of Judicial Conduct as it then stood, including the political-activity provisions then in Canon 7. Washington's Code of Judicial Conduct has since been substantially revised and renumbered, so the Canon 7 framework referenced here no longer maps directly to the current code. Treat this page as historical context, not current guidance. Verify against the current Code of Judicial Conduct before relying on any specific provision.

Common questions

Q: When does a lawyer who plans to run for judge have to start following the Code of Judicial Conduct's political-activity rules?

A: Per the opinion, once the lawyer becomes a candidate for judicial office. The committee was of the opinion that compliance with Canon 7 is required at that point.

Q: What makes someone a "candidate" for this purpose?

A: The committee identified two triggers: declaring oneself a candidate for judicial office, or becoming subject to the Public Disclosure Act.

Background and rules framework

The opinion interprets the then-current Code of Judicial Conduct Canon 7, which governed the political activity of judges and judicial candidates. The committee did not apply a Rule of Professional Conduct; it located the trigger for Canon 7's application at the moment a person becomes a judicial candidate, defined by either a declaration of candidacy or becoming subject to the Public Disclosure Act.

Citations and references

Code of Judicial Conduct:

• Code of Judicial Conduct Canon 7 (political activity of judges and judicial candidates), as then in effect.

Statutes:

• Washington Public Disclosure Act (referenced as one of the events that makes a person a judicial candidate; no section number given in the text).

See also

• WSBA Ethics Op. 1161: a lawyer's duty to disclose having led a judge's campaign committee
• WSBA Ethics Op. 936: a judge's participation where the lawyer's partner is a part-time court commissioner

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=254

Original opinion text

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

Advisory Opinion: 1174
Year Issued: 1988
RPC(s): CJC 7
Subject: Judicial candidate; triggering event for applicability of CJC 7

The Committee reviewed your inquiry concerning your participation in partisan political activities or meetings in light of your intention to seek election to judicial office. The Committee was of the opinion that you are required to comply with the provisions of Code of Judicial Conduct 7 at the point that you become a candidate for judicial office by either declaring yourself such a candidate, or when you become subject to the Public Disclosure Act.