JP candidate: ‘Good reasons’ for campaign limitations

During the last several elections in Arizona, candidates for non-judicial offices have aligned with each other and formed teams. This has proven, in several instances, to be an effective campaign strategy. It allows candidates to share resources and offer mutual support.

Candidates for judicial offices do not have the same option. The Arizona Code of Judicial Conduct has a special set of election rules that apply to judicial candidates. These special rules are found in Cannon 4 of the Arizona Code of Judicial Conduct (2009) and essentially limit judicial candidates to actively participating in their own campaigns. There are very good reasons for these limitations.

The purpose of these rules is to maintain public confidence in the independence and impartiality of judges by ensuring judicial candidates are not perceived as being or actually subject to political influence after the election.  Independent and impartial judges are essential to maintaining the integrity of the judiciary. Judges must not only be independent and impartial, they must also appear independent and impartial.

Impartial judges, according to the Code of Judicial Conduct, are free from bias and prejudice for or against particular parties or classes of parties. They also maintain an open mind in deciding cases that may come before them. Independent judges are free of influences or controls other than those established by law. This includes being free of political influence.

To reduce political influence on judges, the Code of Judicial Conduct prohibits judicial candidates from engaging in certain campaign activities, like joining other campaigns as a team. While candidates for non-judicial offices may commonly engage in these activities, judicial candidates may not. There are more than a dozen other prohibitions on common campaign activities.

For example, judicial candidates may not make speeches on behalf of other candidates for public office, actively participate in other campaigns, or publicly oppose or endorse candidates for any public office. (They may be endorsed by third parties, but must be careful with the perception of the endorsements, Opinion 96-12.) Finally, they may not solicit funds for a political organization or candidate. These prohibitions extend to supporters acting on behalf of judicial candidates, as well.