Advisory Opinion: 1482

Year Issued: 1992

RPC(s): CJC 7(A)(3)

Subject: Judicial campaign candidate; holding of office after becoming candidate; use of political issues in campaign

The Committee reviewed your inquiry concerning compliance with Canon 7 of the Code of Judicial Conduct. The Committee was of the opinion that Canon 7 (A)(3) applies only to incumbent judges, so candidates for office who are presently a sewer commission or school board member would not need to resign from those positions. Secondly, regarding the issue of using political issues or positions during the campaign, the Committee noted that Judicial Ethics Advisory Opinion 90-6 indicates that it would not be appropriate for a candidate to express such opinion in a judicial campaign. Finally, the Committee was of the opinion that nothing in the Code would prohibit holding a partisan position in local or state government in a judicial campaign.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.