NEW YORK STATE BAR ASSOCIATIONProfessional
Ethics Committee Opinion
Opinion #88 - 10/07/1968
Topic: Judges - Election campaign activities
Digest: Election campaign activities of judicial office holders
Canons: Former Canon 2, Judicial Canons 28, 30
Advice has been requested by candidates for judicial office
concerning certain election or reelection as judge.
Canons 28 and 30 of the Canons of Judicial Ethics outline generally
the duties and responsibilities of judges concerning partisan politics
and candidacy for office.
The last paragraph of Canon 28 states that:
"Where, however, it is necessary for judges to be nominated and
elected as candidates of a political party, nothing herein contained
shall prevent the judge from attending or speaking at political
gatherings of from making contributions to the campaign funds of the
party that has nominated him and seeks his election or re-election."
Canon 30 in part states:
"If a judge becomes a candidate for any judicial office, he should
refrain from all conduct which might tend to arouse reasonable suspicion
that he is using the power or prestige of his judicial position to
promote his candidacy OI the success of his party.
"He should not permit others to do anything on behalf of his
candidacy which would reasonably lead to such suspicion."
This matter has been the subject of a number of opinions of the
American Bar Association's Committee on Professional Ethics, which are
summarized in A.B.A. Journal, Volume 54, April, 1968, at page 410.
In answer to specific questions, it is the opinion of the committee
that match boxes and posters to be displayed throughout the city are
proper in a judicial campaign provided that they are in good taste and
in no way offend a sense of propriety. Such advertising may
contain a picture of the candidate, the office he is seeking, his
present elected position, and his qualifications for the position.
It is the opinion of the committee that judicial candidates may do
door-to-door canvassing, talk with the voters, meet them at the entrance
to offices and factories, and use radio advertising in furtherance of
their candidacy, speaking for themselves and having others speak for
them. However, all activities of a judicial candidate should be on a
high plain consistent with the dignity of the office.
The candidate is free to express his opinion on the qualifications of
those who oppose him. This would include criticism of an incumbent
judge, so long as the criticism is truthful, in accord with principle of
freedom of speech. Such criticism and arguments must be dignified
and stay within the bounds of truth.
Judicial candidates may solicit the support of lawyers and other s in
their campaign activities. Committees may be organized and endorsements
may be published, and if all endorsers are lawyers, they may be
identified as lawyers in the advertisements. Endorsement would be
ethical whether the office sought is a judicial or non-judicial one and
whether it requires legal experience or not.
It is not improper to form citizens’ committees to support the
candidacy, provided that lawyers whose names appear in a list of the
committee are not identified as lawyers, unless all member s of the
While it is the duty of the members of the Bar to endeavor to promote
the appointment or election of qualified judicial candidates (Canons of
Prof. Ethics #2), a published endorsement by an individual lawyer would
not be proper.
Restrictions on the use of lawyers’ committee imposed by bar
association rules should be honored by lawyers subject thereto.