Nev. Sup. Ct. R. 4.2

As amended through June 26, 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 that the candidate is prohibited from doing by Rule 4.1.

(5) report contributions received and campaign expenses in accordance with NRS Chapter 294A.

(6) if elected to judicial office, a candidate who received contributions that were not spent or committed for expenditure as a result of the campaign may dispose of such unspent campaign funds in any combination as provided in subsections (a)-(d). A judicial candidate who ultimately does not file for judicial election or withdraws their candidacy but raises campaign funds must divest themselves of the unspent campaign funds in accordance with subsections (a), (b), and (d) following the close of filing for such election. Any other disposition of the money is prohibited.

(a) return the unspent money to contributors;

(b) donate the money to the general fund of the state, county or city relating to the judge's office;

(c) use the money in the judge's next election or for the payment of other expenses related to the judge's public office or the judge's previous campaigns for judicial office;

(d) donate the money to any tax-exempt nonprofit entity, including a nonprofit state or localbar association, the Administrative Office of the Courts or any foundation entrusted with the distribution of Interest on Lawyer's Trust Accounts (IOLTA) funds.

(7) unless a candidate for other judicial office, a judge who does not ran for reelection shall, not later than the 15th day of the second month afterthe expiration of the judge's termof office, dispose of those contributions in the manner provided in Rule 4.2(A)(6).

(B) A candidate for elective judicial office may, unless prohibited by law:

(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 oppose candidates for the same judicial office for which he or she is running;

(4) in accordance with Rules 4.2(C), 4.2(D) and other applicable law, solicit and accept campaign contnbutions, either personally or through a campaign committee.

(5) seek accept, or use endorsements from any person or organization other than a partisan political organization.

(C) A judge or judicial candidate who is not opposed in an election must not solicit or accept contributions for the candidate's campaign, either personally or through a candidate's committee, from and after 5 p.m. on March 17, 2022.

(1) A candidate becomes opposed in an election when, at the close of filing, another candidate has filed a declaration of candidacy oracceptance of candidacy forthe same judicial office.

(2) If a candidate's opponent files a withdrawal of candidacy, the candidate is deemed unopposed as of the effective date of the withdrawal of candidacy and must not solicit oraccept campaign contributions after that date.

(3) A judge or candidate for judicial office who has announced their intention to file for a judicial office and/or the judge or candidate's committees may solicit oraccept contributions for the judge or candidate's campaign no earlier than 5:00 p.m on January 15, 2022 and, unless unopposed no later than 90 days after the last election in which the candidate participates during the election year.

Nev. Sup. Ct. R. 4.2

Amended effective 1/19/2010; amended effective 1/14/2022.

COMMENT

[1] Paragraphs (B), (C), and (D) permit judicial candidates in public elections to engage in some political and campaign activities otherwise prohibited by Rule 4.1. Solicitation and acceptance of campaign contributions by unopposed candidates or their committees are prohibited at any time, except as provided in paragraph (D) for candidates running exclusively for municipal court.

[2] Despite paragraphs (B), (C), and (D), judicial candidates forpublic 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, ormaking certain promises, pledges, or commitments related to future adjudicative duties. See Rule 4.1(A), paragraphs (4), (11), and (13).

[3] Based upon the statutory changes enacted by the Nevada Legislature in 2007, and approved by the Governor, the filing date for a candidate for supreme court, district court, and justice of the peace has been advanced from May to January. Therefore, candidates involved in a contested election should have sufficient time to raise campaign contnbutions before the August primary date. Due to the divergent filing deadlines and election dates in municipal elections, special time limitations on fundraising are required for those elections.

In the event the candidate is not opposed in an election, under paragraphs (C) and (D) the candidate may not solicit contributions. One of the reasons for this restriction is that unopposed candidates for all judicial offices only need one vote to win their election. The only judicial candidates who have a "none of the above" category on the ballot are statewide candidates for the Nevada Supreme Court.

However, the Nevada Legislature approved Senate Joint Resolution 2 in 2007, which would amend the Nevada Constitution and change judicial selection for supreme court justices and district court judges froman election to an appointment process with a retention election. In the event this resolution is approved by the Nevada Legislature in 2009 and approved by the voters in the subsequent general election, this Rule may be amended to change the procedures regarding the solicitation of campaign contributions.

[4] This Rule permits a candidate to seek, accept, or use endorsements or publicly stated support from any source except partisan political organizations.

[5] Paragraph (A)(6) provides a variety of methods for handling excess campaign funds. Although it is entirely ethical to use or dispose of such funds in accordance with the provisions of Rule 4.2(A)(6), candidates are encouraged to be responsive to the desires of the contributors concerning the disposition of such funds within the available options, to the extent such desires are known to the candidate orthe candidate's campaign committees.

The 2007 amendments to former Section 5C(4) conform the Code more closely to NRS 294A. 160(2). However, this Canon is more restrictive than the provisions of NRS 294A. 160(2). Candidates for judicial office are subject to the reporting requirements of NRS 294A.200 relating to campaign contributions, together with all other applicable state campaign reporting and contribution laws.

Candidates who are not elected to or holding judicial office are subject to the requirements of NRS 294A. 160(3) governing the disposition of unspent campaign funds.

[6] 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 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.

[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].