Ind. Code. Jud. Cond. 4.2

As amended through September 20, 2024

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

(A) A judicial candidate* in a partisan, nonpartisan, or retention 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;

(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;

(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; and

(5) notify the Indiana Commission on Judicial Qualifications in writing, within one week after becoming a candidate, of the office sought and of the candidate's address and telephone number.

(B) A candidate for partisan elective judicial office may, in addition to those activities permitted at any time under Rule 4.1(C) and unless prohibited by law,* and not earlier than one (1) year before the primary or general election in which the candidate is running:

(1) establish a campaign committee and accept campaign contributions 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 and contribute to candidates for election to public office running in the same election cycle;

(4) attend dinners, fundraisers, or other events for candidates for public office running in the same election cycle and purchase a ticket for such an event and a ticket for a guest;

(5) seek, accept, or use endorsements from any person or organization, including a political organization; and

(6) identify himself or herself as a candidate of a political organization.

(C) A candidate for nonpartisan elective judicial office may, in addition to those activities permitted at any time under Rule 4.1(D) and unless prohibited by law, and not earlier than one (1) year before the primary or general election in which the candidate is running:

(1) establish a campaign committee and accept campaign contributions 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, contribute to, and attend functions for other candidates running for the same judicial office for which he or she is running; and

(4) seek, accept, and use endorsements from any appropriate person or organization other than a political organization.

(D) A candidate for retention to judicial office whose candidacy has drawn active opposition may campaign in response and may:

(1) establish a campaign committee and accept campaign contributions 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; and

(3) seek, accept, and use endorsements from any appropriate person or organization other than a political organization.

Ind. Code. Jud. Cond. 4.2

Adopted effective 3/1/1993.

Comment

[1] Paragraphs (B), (C), and (D) permit judicial candidates in public elections to engage in some political or campaign activities otherwise prohibited by Rule 4.1. Candidates in partisan and nonpartisan elections may not engage in these activities earlier than one year before the first applicable electoral event. Candidates for retention to judicial office may engage in certain campaign activities only if their retention actively is opposed.

[2] Despite paragraphs (B) and (C), and (D), 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] In partisan public elections for judicial office, a candidate may be nominated by, affiliated with, or otherwise publicly identified as a candidate of a political organization.

[4] In nonpartisan public elections or retention elections, candidates are prohibited from seeking, accepting, or using nominations or endorsements from partisan political organizations.

[5] Judicial candidates in partisan and nonpartisan elections are permitted to attend dinners and other events sponsored by political organizations and may purchase a ticket for such an event and a ticket for a guest.

[6] For purposes of paragraph (C)(3), nonpartisan candidates are considered to be running for the same judicial office if several judgeships on the same court are to be filled as a result of the election. In endorsing 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.

[7] 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 [6].