A sitting Magistrate Judge intending to qualify and run for the position of Chief Magistrate seeks a definition of the words "publicly stated support" as used in Canon 7B(2), as well as answers to other specific questions hereinafter discussed in this Opinion.

Extensive research fails to reveal any precise definition in Georgia or elsewhere of the words "publicly stated support" as used in Canon 7B(2). However, a reading of this Canon in its entirety demonstrates an intention to establish identical standards for the procurement of publicly stated support and the procurement of campaign funds. Hence, the stated requirement that neither be personally solicited by a candidate and that both be undertaken only by a duly established campaign committee.

While public support and/or endorsements may properly be sought from lawyers, bar associations, civic clubs, private interest groups and the like by a duly established campaign committee, neither an incumbent judge nor a candidate for judicial office may personally ask any such individual or group for permission to place the supporter's name in any form of campaign literature or media advertisement. Thus, personally seeking any form of public expression of support or other form of written endorsement for use in a judicial campaign is the activity intended to be prohibited by the language used in Canon 7B(2). Such language does not, however, prohibit candidates for judicial office from personally establishing committees of responsible persons to obtain public statements of support for such candidates nor prohibit such committees from thereafter publicizing the names of the individual members in such fashion as to maintain the dignity appropriate to judicial office.

Canon 7A(2) authorizes judicial candidates to attend political gatherings (such as a "fish fry") for which tickets have been sold by the candidate's campaign committee and to speak to such gatherings on their own behalf without any mention or solicitation of funds.

This 22nd day of March, 1996.
JUDICIAL QUALIFICATIONS COMMISSION
By: John E. James, Chair