POLITICAL ACTIVITY

Opinion No. 18 (1976)*


QUESTION: May an incumbent judge in a multi-court county (who is a candidate for reelection or election to a higher court and who is opposed by a lawyer, incumbent judge, or judge of an inferior court) preside over or participate in the weekly juror qualification process (while he is an official candidate) without violating the letter or the spirit of Canon 7 of the Code of Judicial Conduct?

ANSWER: The question is answered in the affirmative. Standing alone, the mere appearance and participation in such process by such a judge does not violate either the letter or the spirit of Canon 7 of the Code of Judicial Conduct. While performing such judicial functions, such judge should refrain from conduct which might tend to arouse reasonable belief that he is using such functions to promote his own candidacy.

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*Several provisions of the Code of Judicial Conduct concerning political activity have been amended subsequent to this opinion.