What kind of statements in campaign literature or signage might violate the Code of Judicial Conduct?
Political campaigns by judges and judicial candidates are governed by Canon 5 of the Code of Judicial Conduct.
A judge or judicial candidate may not make statements that indicate an opinion on an issue that may be subject to judicial interpretation. This might include making statements about specific court cases or outside political issues.
A judge or judicial candidate may not make pledges or promises of conduct in office other than the fair and impartial performance of the duties. Saying you will be ‘tough on crime’ or you are a ‘conservative judge’ is okay, being that they are statements of judicial philosophy. There are many candidates who make these claims during an election campaign.
Under Canon 5(2)(ii), a candidate may not knowingly misrepresent the identity, qualifications, present position, or other fact concerning the candidate or an opponent. In other words, don’t make up or hint at things that are not true.
Accurate descriptions of your qualifications is all right, including prior positions held. For example, saying you are an ‘experienced prosecutor’ is permissible if you, indeed, have experience.
However, you should avoid criticizing an incumbent, as this may violate Canons 5(l) and 2A. You should also avoid using photographs of people who have not explicitly endorsed a candidate. While you may have met an officeholder at an event and had your picture taken with them, don’t include that picture in your campaign brochure unless that person has endorsed you.