88-5.

• Case Date: October 22, 1988
• Court: Alaska

Alaska Ethics Opinion 1988. 88-5. ALASKA BAR ASSOCIATIONETHICS OPINION 88-5Letter regarding judge standing for retention electionThe Ethics Committee has been requested by a member of the judiciary to give an opinion as to the propriety of writing a letter to local newspapers supporting the retention of a judge who is being considered by the voters for retention or rejection. The letter to the news media would not be on judicial stationary, and would not identify the writer as a sitting judge. It is the opinion of the Committee that the letter would violate Canon 7(A) of the Code of Judicial Conduct.See Endnote 1/ Canon 2(B) of the Code of Judicial Conduct states, in part: [A judge] should not lend the prestige of his office to advance the private interests of others... Canon 7(A) of the Code of Judicial Conduct states, in part: (1) A judge or candidate for election to judicial office should not:...(b) make speeches for a political organization or candidate or publicly endorse a candidate for public office... (4) A judge should not engage in any other political activity except on behalf of measures to improve the law, the legal system or the administration of justice. It is the Committee's opinion that a judge who writes a letter in support of a judicial candidate, which letter is not on judicial stationary and does not identify the writer as a sitting judge, would violate Canon 7(A) of the Code of Judicial Conduct. Such a letter would constitute a public endorsement of a candidate for public office within the terms of Canon 7(A). The basic purpose of the Code of Judicial Conduct is to disfavor activities of judges which would tend to reduce public confidence in the integrity and impartiality of the judiciary. Accordingly, because of their offices, judges are asked to accept restrictions on their public conduct that do not apply to other citizens. (Alaska Bar Association Ethics Opinion No. 85-1; American Bar Association Informal Opinions No. 85-1513 and 1468.) A judge's involvement in the retention election of another judge, particularly where the judge's position is contrary to the recommendation of the Alaska Judicial Council, could tend to reduce public confidence in the judiciary. As a practical matter, the amount of information available for the public to become informed as to the performance of sitting judges is...