COMMITTEE ON CODES OF CONDUCT
ADVISORY OPINION NO. 53

Political Involvement of a Judge's Spouse.

Canon 7 (A judge should refrain from political activity) and Canon 2 (A judge should avoid impropriety and the appearance of impropriety in all activities) of the Code of Conduct for United States Judges adequately define a judge's obligation where the spouse engages in political activity. The Code of Conduct does not govern the conduct of judge's spouses. Thus a judge should, to the extent possible, disassociate himself or herself from the spouse's political involvement, e.g.:

The judge should not

(a) accompany the spouse to any political function or any function that is likely to be considered political in nature;
(b) join in the use of the marital home for political meetings or for fund-raising whether or not political;
(c) join in or approve any reference to the relationship between the judge and spouse in any communication relating directly or indirectly to the spouse's political activity.

We note that if a judge's spouse participates in politics, that participation will undoubtedly increase the number of situations in which the judge will be obliged to recuse. This is especially true where the spouse is a candidate for elective office. We suggest that the judge make his or her spouse aware of such problems.

August 15, 1977

Revised April 11, 1983
Revised January 16, 1998