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Code of Judicial Conduct: Canons 3&4
MPRE University of Oregon
5
Law
Post-Graduate
12/05/2013

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Term
Political and Campaign Activities of Judges and Judicial Candidates in General
Definition
(A) Except as permitted by law,* or by Rules 4.2, 4.3, and 4.4, a judge or a judicial candidate* shall not:
(1) act as a leader in, or hold an office in, a political organization;*
(2) make speeches on behalf of a political organization;
(3) publicly endorse or oppose a candidate for any public office;
(4) solicit funds for, pay an assessment to, or make a contribution* to a political organization or a candidate for public office;
(5) attend or purchase tickets for dinners or other events
sponsored by a political organization or a candidate for public office;
(6) publicly identify himself or herself as a candidate of a political organization;
(7) seek, accept, or use endorsements from a political
organization;
(8) personally solicit* or accept campaign contributions other than through a campaign committee authorized by Rule 4.4;
(9) use or permit the use of campaign contributions for the private benefit of the judge, the candidate, or others;
(10) use court staff, facilities, or other court resources in a
campaign for judicial office;
(11) knowingly,* or with reckless disregard for the truth, make any false or misleading statement;
(12) make any statement that would reasonably be expected to affect the outcome or impair the fairness of a matter pending* or impending* in any court; or
(13) in connection with cases, controversies, or issues that are likely to come before the court, make pledges, promises, or commitments that are inconsistent with the impartial* performance of the adjudicative duties of judicial office.

(B) A judge or judicial candidate shall take reasonable measures to ensure that other persons do not undertake, on behalf of the judge or judicial candidate, any activities prohibited under paragraph (A)
Term
Political and Campaign Activities of Judges and Judicial Candidates in Public Elections
Definition
(A) A judicial candidate in a partisan, nonpartisan, or retention public election shall:
(1) act at all times in a manner consistent with the independence, integrity, and impartiality of the judiciary
(2) comply with all applicable election, election campaign, and election campaign fundraising laws and regulations of this jurisdiction
(3) review and approve the content of all campaign statements and materials produced by the candidate or his or her campaign committee, as authorized by Rule 4.4, before their dissemination; and
(4) take reasonable measures to ensure that other persons do not undertake on behalf of the candidate activities, other than those described in Rule 4.4, that the candidate is prohibited from doing by Rule 4.1

(B) A candidate for elective judicial office may, unless prohibited by law, and not earlier than (an amount of time) before the first applicable primary election, caucus, or general retention election:
(1) establish a campaign committee pursuant to the provisions of Rule 4.4;
(2) speak on behalf of his or her candidacy through any medium, including but not limited to advertisements, websites, or other campaign literature;
(3) publicly endorse or oppose candidates for the same judicial office for which he or she is running
(4) attend or purchase tickets for dinners or other events sponsored by a political organization or a candidate for public office
(5) seek, accept, or use endorsements from any person or organization other than a partisan political organization and
(6) contribute to a political organization or candidate for public office, but not more than (BLANK) to any one organization or candidate

(C) A judicial candidate in a partisan public election may, unless prohibited by law, and not earlier than (an amount of time) before the first applicable primary election, caucus, or general election: (1) identify himself or herself as a candidate of a political organization; and (2) seek, accept, and use endorsements of a political organization
Term
Activities of Candidates for Appointive Judicial Office
Definition
A candidate for an appointment to judicial office may:
(A) communicate with the appointing or confirming authority, including any selection, screening, or nominating commission or similar agency; and
(B) seek endorsements for the appointment from any person or organization other than a partisan political organization
Term
Campaign Committees
Definition
(A) A judicial candidate subject to public election may establish a campaign committee to manage and conduct a campaign for the candidate subject to the provisions of this Code. The candidate is responsible for ensuring that his or her campaign committee complies with the applicable provisions of this Code and other applicable law.

(B) A judicial candidate subject to public election shall direct his or her campaign committee:
(1) to solicit and accept only such campaign contributions as are reasonable in any event not to exceed, in the aggregate $$ from any individual or from any entity or organization
(2) not to solicit or accept contributions for a candidate's current campaign more than (amount of time) before the applicable primary election, caucus, or general retention election, nor more than (a number of) days after the last election in which the candidate participated; and
(3) to comply with all applicable statutory requirement for disclosure and divestiture of campaign contributions, and to file with a report stating the name, address, occupation, and employer of each person who has made campaign contributions to the committee in an aggregate value exceeding $$. The report must be filed within (a number of) days following the election, or within such other period as is provided by law.
Term
Activities of Judges who Become Candidates for Nonjudicial Office
Definition
(A) Upon becoming a candidate for a nonjudicial elective office, a judge shall resign from judicial office, unless permitted by law to continue to hold judicial office
(B) Upon becoming a candidate for a nonjudicial appointive office, a judge is not require to resign from judicial office, provided that the judge complies with the other provisions of this Code.
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