Must a judicial candidate resign a local elected post, and can the candidate take political positions during a judicial campaign?

Plain-English summary

A candidate asked about compliance with Canon 7 of the Code of Judicial Conduct. The committee was of the opinion that Canon 7(A)(3) applies only to incumbent judges, so candidates for judicial office who currently serve as a sewer commission or school board member would not need to resign from those positions.

On the use of political issues or positions during the campaign, the committee noted that Judicial Ethics Advisory Opinion 90-6 indicates it would not be appropriate for a candidate to express such opinions in a judicial campaign. Finally, the committee was of the opinion that nothing in the Code would prohibit holding a partisan position in local or state government during a judicial campaign.

Currency note

This opinion was issued in 1992, before subsequent revisions to the Washington Code of Judicial Conduct (including the 1995 and later amendments). Later rule changes or opinions may have altered this analysis, and judicial-campaign-speech rules in particular have been reshaped by constitutional decisions since this opinion. Treat this page as historical context, not current guidance. Verify against the current Code of Judicial Conduct before relying on any specific provision mentioned here.

Common questions

Q: Must a judicial candidate who holds a local elected office resign to run?

A: The committee was of the opinion that Canon 7(A)(3) applies only to incumbent judges, so a candidate serving on a sewer commission or school board would not need to resign.

Q: Can a judicial candidate express opinions on political issues during the campaign?

A: The committee noted that Judicial Ethics Advisory Opinion 90-6 indicates it would not be appropriate for a candidate to express such opinions in a judicial campaign.

Q: Can a judicial candidate hold a partisan government position?

A: The committee was of the opinion that nothing in the Code would prohibit holding a partisan position in local or state government during a judicial campaign.

Background and rules framework

The opinion interprets Canon 7 of the Washington Code of Judicial Conduct, which governs the political activity of judges and judicial candidates, and specifically Canon 7(A)(3). The committee read that provision as binding incumbent judges rather than non-judge candidates, and relied on Judicial Ethics Advisory Opinion 90-6 for the limit on expressing opinions about political issues in a campaign.

Citations and references

Code of Judicial Conduct:

• Washington CJC Canon 7(A)(3) (political activity of judges and judicial candidates)

Other opinions cited:

• Washington Judicial Ethics Advisory Opinion 90-6: expressing opinions on political issues in a judicial campaign.

See also

• Mich Ethics Op. JI-131: Judicial Campaign Speech
• CBA Formal Op. 33: Lawyers and Judicial Campaigns

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=562

Original opinion text

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

Advisory Opinion: 1482
Year Issued: 1992
RPC(s): CJC 7(A)(3)
Subject: Judicial campaign candidate; holding of office after becoming candidate; use of political issues in campaign

The Committee reviewed your inquiry concerning compliance with Canon 7 of the Code of Judicial Conduct. The Committee was of the opinion that Canon 7 (A)(3) applies only to incumbent judges, so candidates for office who are presently a sewer commission or school board member would not need to resign from those positions. Secondly, regarding the issue of using political issues or positions during the campaign, the Committee noted that Judicial Ethics Advisory Opinion 90-6 indicates that it would not be appropriate for a candidate to express such opinion in a judicial campaign. Finally, the Committee was of the opinion that nothing in the Code would prohibit holding a partisan position in local or state government in a judicial campaign.