OPINION NO. 228
DOCKET NO. 98-85

A sitting appellate court judge requests an opinion on the propriety of candidates for judicial positions responding to candidate questionnaires involving substantive issues of law submitted by political action committees and other similar organizations. The questionnaires which accompany this request seek the candidate's views on issues which may come before the courts and responses to such questions could conceivably be construed as committing the candidate with respect to such issues.

As originally noted in Opinion No. 82 (May 1, 1996) and as reaffirmed by the 1998 Amendments to Canon 7, it is always inappropriate for a judicial officer or candidate to address or answer questions which are intended or will have the effect of committing such individuals with respect to issues which are likely to come before the court.

While any judicial officer or candidate may appropriately discuss the procedures of the court in general terms and/or his or her qualifications, as well as those of any opponent, both the Code of Judicial Conduct and numerous formal advisory opinions prohibit responses to questionnaires such as those submitted in this instance.

Accordingly, the issue posed must be answered in the negative.

This 26th day of June, 1996.
JUDICIAL QUALIFICATIONS COMMISSION
John E. James, Chair