Haw. Code. Jud. Cond. 4.1

As amended through September 30, 2024

Rule 4.1 - Political Activities of Judges in General

Code Comparison

The Hawai'i Revised Code of Judicial Conduct modifies ABA Model Code Canon 4 and Rule 4.1 by deleting references to judicial candidates and to campaign activity.

(a) Except as permitted by law,* or by Rule 4.3, a judge shall not:

(1) act as a leader, or hold an office, in a political organization;*

(2) make speeches on behalf of a political organization;*

(3) publicly endorse or oppose a candidate for any public office;

(4) solicit funds for, pay an assessment to, or make a contribution* to a political organization* or a candidate for public office;

(5) attend or purchase tickets for dinners or other events sponsored by a political organization*or a candidate for public office;

(6) RESERVED.

(7) seek, accept, or use endorsements from a political organization;*

(8) RESERVED.

(9) RESERVED.

(10) RESERVED.

(11) RESERVED.

(12) make any statement that would reasonably be expected to affect the outcome or impair the fairness of a matter pending* or impending* in any court; or

(13) in connection with cases, controversies, or issues that are likely to come before the court, make pledges, promises, or commitments that are inconsistent with the impartial* performance of the adjudicative duties of judicial office.

(b) A judge shall take reasonable measures to ensure that other persons do not undertake, on behalf of the judge, any activities prohibited under Rule 4.1(a).

Haw. Code. Jud. Cond. 4.1

COMMENT:

General Considerations

[1] Judges must, to the greatest extent possible, be free and appear to be free from political influence and political pressure. This Canon imposes narrowly tailored restrictions upon the political activities of all judges.

[2] RESERVED.

Participation in Political Activities

[3] Public confidence in the independence and impartiality of the judiciary is eroded if judges are perceived to be subject to political influence. Although judges may register to vote as members of a political party, they are prohibited by Rule 4.1(a)(1) from assuming leadership roles in political organizations.

[4] Rules 4.1(a)(2) and (a)(3) prohibit judges from making speeches on behalf of political organizations or publicly endorsing or opposing candidates for public office, respectively, to prevent them from misusing the prestige of judicial office to advance the interests of others. See Rule 1.3.

[5] Although members of the families of judges are free to engage in their own political activity, including running for public office, there is no "family exception" to the prohibition in Rule 4.1(a)(3) against a judge publicly endorsing candidates for public office. A judge must not become involved in, or publicly associated with, a family member's political activity or campaign for public office. To avoid public misunderstanding, judges should take, and should urge members of their families to take, reasonable steps to avoid any implication that they endorse any family member's candidacy or other political activity.

[6] Judges retain the right to participate in the political process as voters in both primary and general elections. For purposes of this Canon, participation in a caucus-type election procedure does not constitute public support for or endorsement of a political organization or candidate, and is not prohibited by Rules 4.1(a)(2) or (a)(3), provided that a judge shall make reasonable efforts not to disclose his or her vote.

Code Comparison

The Hawai'i Revised Code of Judicial Conduct modifies ABA Model Code Comment [6] by adding the proviso.

[7]-[15] RESERVED.