An opinion is requested on the following issue:

May a judge or a candidate for public election to judicial office appropriately discuss the qualifications and/or performance of opposing candidates, including incumbent judges, or is such conduct prohibited by the language of Canon 7B(1)(c)?

This is an issue of first impression for this Commission, but one previously addressed by other judicial conduct organizations, as well as numerous courts. A review of these authorities leads to certain well-established principles which are presented for future reference and guidance.

The qualifications of a candidate are a legitimate topic for discussion in the course of a campaign. However, various interpretations of Canon 7B(1) do appear to limit a candidate to a discussion of judicial system improvements and reforms the candidate wishes to implement, and truthful criticism of the qualifications of an opponent. At the same time, an incumbent is not expected to remain silent in the face of criticism, and may refer to his or her own record, court statistics or other facts. Finally, as noted in Opinion

No. 82, it is always inappropriate for a judicial candidate to address issues which will have the effect of committing the candidate to certain positions with respect to questions which may come before the candidate as a judge.

In sum, fair and truthful criticism of an opponent is not prohibited by Canon 7B(1)(c), but such criticism may not be of such a nature as to bring the candidate's own impartiality or that of the judiciary into question.

This 2d day of May, 1996.
JUDICIAL QUALIFICATIONS COMMISSION
By: John E. James, Chair