Mass. R. Sup. Jud. Ct. Canon 4

As amended through May 7, 2024

Canon 4 - A JUDGE SHALL REFRAIN FROM POLITICAL ACTIVITY INCONSISTENT WITH THE INDEPENDENCE,* IMPARTIALITY,* OR INTEGRITY* OF THE JUDICIARY

RULE 4.1

Political and Campaign Activities

(A)A judge shall not:

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

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

(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; or

(5)attend or purchase tickets for dinners or other events sponsored by a political organization* or a candidate for public office or intended to raise money or gather support for or against a political organization* or candidate.

(B)A judge may engage in activity in support or on behalf of measures to improve the law,* the legal system, or the administration of justice, provided that the judge complies with the other provisions of this Code.

(C) On assuming a judicial office, a judge shall resign any elective public office then held.

COMMENT

[1] While judges have the right to participate as citizens in their communities and not be isolated from the society in which they live, judges must at all times act in a manner that promotes public confidence in their independence,* integrity,* and impartiality.* This Rule imposes restrictions on a judge's political activities because public confidence in the judiciary is eroded if judges are perceived to be subject to political influence or give the impression of favoring the interests of a political organization* or candidate.

[2] The restrictions in Paragraph (A) prohibit a judge from engaging in any public display in support of or opposition to a political candidate, including displaying a bumper sticker on an automobile the judge regularly uses, posting a campaign sign outside the judge's residence, signing nomination papers for a political candidate or ballot issue, carrying a campaign sign, distributing campaign literature, or encouraging people to vote for or give money to a particular candidate or political organization.*

[3] A judge may not avoid the restrictions imposed by this Rule by making contributions or endorsements through a spouse, domestic partner,* or other member of the judge's family. * Political contributions by the judge's spouse or domestic partner* must result from that person's independent choice, and checks by which contributions are made must not include the name of the judge.

[4] Although members of the judge's family* are free to engage in their own political activity, including running for public office, a judge must not endorse, appear to endorse, become involved in, or publicly associate with any family member's political activity or campaign for public office.

[5] A judge may register as a member of a political party. A judge may also attend non-partisan events, such as a forum that is open to all candidates and is intended to inform the public.

RULE 4.2

Activities ofJudges Who Become Candidatesfor Nonjudicial Office

(A) Upon becoming a candidate in a primary or general election for elective office, a judge shall resign from judicial office.

(B)Upon becoming a candidate for a nonjudicial appointive office, a judge is not required to resign from judicial office, provided that the judge complies with the other provisions of this Code.

COMMENT

[1] The "resign to run" rule set forth in Paragraph (A) ensures that a judge cannot use the judicial office to promote his or her candidacy. When a judge is seeking appointive nonjudicial office, however, the dangers are not sufficient to warrant imposing the. "resign to run" rule.

[2] Upon being appointed to any nonjudicial office except as permitted by Rule 3.4, a judge must resign from judicial office.

Mass. R. Sup. Jud. Ct. Canon 4

Adopted October 8, 2015, effective 1/1/2016.