Idaho Code. Judi. Cond. 4.2

As amended through September 30, 2024

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

(A)A judicial candidate* in a public election* shall:

(1)act at all times in a manner consistent with the independence,* integrity,* and impartiality* of the judiciary;

(2)comply with all applicable election, election campaign, and election campaign fund-raising laws and regulations of this jurisdiction;

(3)review and approve the content of all campaign statements and materials produced by the candidate or his or her campaign committee, as authorized by Rule 4.4, before their dissemination; and

(4)take reasonable measures to ensure that other persons do not undertake on behalf of the candidate activities, other than those described in Rule 4.4, that the candidate is prohibited from doing by Rule 4.1.

(B)A judicial candidate in a public election may, unless prohibited by law,* and not earlier than one (1) year before the first applicable public election:

(1)establish a campaign committee pursuant to the provisions of Rule 4.4;

(2)speak on behalf of his or her candidacy through any medium, including but not limited to advertisements, websites, or other campaign literature;

(3)publicly endorse or oppose candidates for the same judicial office for which he or she is running;

Id. Code. Judi. Cond. 4.2

Comment

[1] Paragraph (B) permits judicial candidates in public elections to engage in some political and campaign activities otherwise prohibited by Rule 4.1.

[2] Despite paragraph (B), judicial candidates for public election remain subject to many of the provisions of Rule 4.1. For example, a candidate continues to be prohibited from soliciting funds for a political organization, knowingly making false or misleading statements during a campaign, or making certain promises, pledges, or commitments related to future adjudicative duties. See Rule 4.1(A), paragraphs (4), (11), and (13).

[3] For purposes of paragraph (B)(3), candidates are considered to be running for the same judicial office if they are competing for a single judgeship or if several judgeships on the same court are to be filled as a result of the election. 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.

[4] Although judicial candidates in nonpartisan public elections are prohibited from running on a ticket or slate associated with a political organization, they may group themselves into slates or other alliances to conduct their campaigns more effectively. Candidates who have grouped themselves together are considered to be running for the same judicial office if they satisfy the conditions described in Comment [4].