In Re: Amendment of Rule 4.2 of Code of Judicial Conduct

• Court: Supreme Court of Pennsylvania
• Decided: December 20, 2019
• Docket: 529 Judicial Administration 2019
• Status: Published

Opinion

Rule 4.2. Political and Campaign Activities of Judicial Candidates in Public Elections

*** (B) A candidate for elective judicial office may, unless prohibited by law, and not earlier than immediately after the General Election in the year prior to the calendar year in which a person may become a candidate for such office: *** (3) publicly endorse or speak on behalf of, or publicly oppose or speak in opposition to, candidates for the same judicial office for which he or she is a judicial candidate, or publicly endorse or speak on behalf of candidates for any other elective judicial office appearing on the same ballot; *** Comment: *** (5) For purposes of paragraph (B)(3), candidates are considered to be a candidate for the same judicial office if they are competing for a single judgeship or for one of several judgeships on the same court to be filled as a result of the election. Additionally, the phrase “candidates for any other elective judicial office appearing on the same ballot” means candidates who appear together on the paper ballot or, in the case of electronic voting terminals, appear together on the electronic ballot. In endorsing or opposing another candidate for a position on the same court, a judicial candidate must abide by the same rules governing campaign conduct and speech as apply to the candidate’s own campaign.