Ga. Code. Jud. Cond. 4.2
Commentary:
[1] This Canon does not prohibit a judge or judicial candidate from publicly stating his or her personal views on disputed issues, see Republican Party v. White, 536 U. S. 765 (122 SCt 2528, 153 LE2d 694) (2002). To ensure that voters understand a judge's duty to uphold the Constitution and laws of Georgia where the law differs from his or her personal belief, however, judges and judicial candidates are encouraged to emphasize in any public statement their duty to uphold the law regardless of their personal views.
[2] Rule 4.2 (A) (2) prohibits judicial candidates from making comments that might impair the fairness of pending proceedings or impending matters. This provision does not restrict arguments or statements to the court or jury by a lawyer who is a judicial candidate, or rulings, statements, or instructions by a judge that may appropriately affect the outcome of a matter.
[3] Judicial candidates may receive questionnaires or requests for interviews from the media and from issue advocacy or other community organizations that seek to learn their views on disputed or controversial legal or political issues. Rule 4.2 (A) (2) does not specifically address judicial responses to such inquiries. Depending upon the wording and format of such questionnaires, judicial candidates' responses might be viewed as pledges, promises, or commitments to perform the adjudicative duties of office other than in an impartial way. To avoid violating Rule 4.2 (A) (2), therefore, judicial candidates who respond to media and other inquiries should also give assurances that they will keep an open mind and will carry out their adjudicative duties faithfully and impartially if elected. Judicial candidates who do not respond may state their reasons for not responding, such as the danger that answering might be perceived by a reasonable person as undermining a successful judicial candidate's independence or impartiality, or that it might lead to frequent disqualification. See Rule 2.11 (A) (5).
[4] The determination of whether a judicial candidate knows of falsity or recklessly disregards the truth or falsity of his or her public communication is an objective one.
[5] Judicial candidates are sometimes the subject of false, misleading, or unfair allegations made by opposing judicial candidates, third parties, or the media. For example, false or misleading statements might be made regarding the identity, present position, experience, qualifications, or judicial rulings of a judicial candidate. In other situations, false or misleading allegations may be made that bear upon a judicial candidate's integrity or fitness for judicial office. As long as the judicial candidate does not violate the Rules of Canon 4, the judicial candidate may make a factually accurate public response. In addition, when an independent third party has made unwarranted attacks on a judicial candidate's opponent, the judicial candidate may disavow the attacks, and request the third party to cease and desist.
[6] Subject to Rules 4.2 (A) (2) and 4.2 (A) (3), a judicial candidate is permitted to respond directly to false, misleading, or unfair allegations made against him or her during a campaign, although it is preferable for someone else to respond if the allegations relate to a pending proceeding.
[7] Judicial candidates must be scrupulously fair and accurate in all statements made by them and by their campaign committees. Rules 4.2 (A) (4) and 4.2 (A) (5) obligate judicial candidates and their campaign committees to refrain from making statements that are false or misleading, or that omit facts necessary to make the communication considered as a whole not materially misleading.
[8] The use of campaign committees is encouraged, because they may better maintain campaign decorum and reduce campaign activity that may cause requests for recusal, or the appearance of partisanship with respect to issues or the parties that require recusal.
Ga. Code. Jud. Cond. 4.2