COMMITTEE ON CODES OF CONDUCT
ADVISORY OPINION NO. 92

Political Activities Guidelines for Judicial Employees.

The Committee on Codes of Conduct has developed the guidelines set forth below for judicial employees covered by the Code of Conduct for Judicial Employees who are contemplating involvement in political activities. Judicial employees who are covered by the Code of Conduct for Judicial Employees should comply with Canon 5 of the Code, which regulates permissible political activity.(1) The following guidelines provide a list of clearly permissible and clearly impermissible activities under Canon 5. These guidelines are not intended to be exclusive or all-encompassing. If questions remain after consulting these guidelines, covered judicial employees may seek advice as set forth in the Introduction to the Code.

I. Partisan Political Activities Prohibited for All Covered Employees

A covered judicial employee should refrain from partisan political activity, including the following:
a. Taking an active role in a partisan political organization;

b. Becoming a candidate for partisan political office;

c. Publicly endorsing a partisan political candidate or organization by authorizing use of the employee's name, making speeches, or participating in a partisan political convention, caucus, rally, or fund-raising activity;

d. Publicly displaying a campaign picture, sign, sticker, badge or button for a partisan political candidate or organization;

e. Soliciting funds for or contributing to a partisan political organization, candidate, or event;

f. Initiating or circulating a nominating petition for a candidate in a partisan political election;

g. Participating in a campaign in support of or in opposition to a candidate in a partisan political election;

h. Acting as a recorder, watcher, challenger, or similar officer at the polls in a partisan political election.

II. Nonpartisan Political Activities Prohibited for Members of a Judge's Personal Staff and Certain Court Unit Heads

A member of a judge's personal staff, clerk of court, chief probation officer, chief pretrial services officer, circuit executive, or district court executive, should refrain from nonpartisan political activity, including the following:
a. Becoming a candidate for nonpartisan political office;

b. Participating in a campaign in support of or in opposition to a candidate in a nonpartisan political election, including publicly displaying a campaign picture, sticker, badge or button or making speeches for or against nonpartisan candidates;

c. Making speeches for or publicly endorsing or opposing a nonpartisan political candidate;

d. Soliciting funds for or contributing to a nonpartisan political candidate or event;

e. Initiating or circulating a nominating petition for a candidate for a nonpartisan political election;

f. Serving as an election judge or clerk in a nonpartisan election.

III. Permitted Activities for All Covered Employees

The following activities are consistent with the provisions of Canon 5 of the Code. For example, covered employees may:
a. Register and vote in any primary or general election including registration as a member of a political party;

b. Express an opinion privately as an individual citizen regarding a political candidate or party;

c. Participate in the nonpolitical activities of a civic, charitable, religious, professional, educational, cultural, avocational, social, fraternal, or recreational organization described in Canon 4 of the Code.

February 26, 1996
Reviewed January 16, 1998

1. 1 The Code of Conduct for Judicial Employees -- and these guidelines -- cover all employees of the judicial branch except Justices; judges; and employees of the United States Supreme Court, the Administrative Office of the U.S. Courts, the Federal Judicial Center, the Sentencing Commission, and federal public defender offices. Judges and judicial employees who are not covered by the Code of Conduct for Judicial Employees should consult the codes and ethical standards applicable to them for guidance on participation in political activities.