An opinion is requested on the propriety of the following political conduct:

Is it appropriate for a candidate for Judge of the Probate Court to use the designation "Judge" in political advertising if in fact the candidate does not presently hold a judicial position?

Canon 7B(1)(c) provides in pertinent part:

Candidates ... for a judicial office ... should not ... misrepresent their identities, qualifications, present positions, or other facts. (Emphasis added.)

In addition, such conduct is inconsistent with the holding of this Commission in Opinion No. 167 (April 24, 1992) wherein it was held:

... the individual seeking election is in fact a judge and, accordingly, may properly refer to himself as such in political advertising so long as the judicial position which he currently holds is clearly specified therein and such advertisements are not otherwise misleading. (Emphasis added.)

Measured by these standards, the issue posed must be answered in the negative.

The Commission reminds all candidates, including incumbent judges, of the Applicability provisions of Canon 7C and urges full and immediate compliance with the requirements of this opinion.

This 24th day of May, 1996.
JUDICIAL QUALIFICATIONS COMMISSION
By: John E. James, Chair