Canon 7 - A judge may engage in political activity consistent with the judge's status as a public officialThe provisions of Canon 7 are designed to strike a balance between two important but competing considerations:
(1) the need for an impartial and independent judiciary and (2) in light of the continued requirement that judicial candidates run in public elections as mandated by the Constitution and laws of North Carolina, the right of judicial candidates to engage in constitutionally protected political activity. To promote clarity and to avoid potentially unfair application of the provisions of this Code, subsection B of Canon 7 establishes a safe harbor of permissible political conduct. A. Terminology. For the purposes of this Canon only, the following definitions apply. (1) A "candidate" is a person actively and publicly seekingelection to judicial office. A person becomes a candidate for judicial office as soon as the person makes a public declaration of candidacy, declares or files as a candidate with the appropriate election authority, authorizes solicitation or acceptance of contributions or public support, or sends a letter of intent to the chair of the Judicial Standards Commission. The term "candidate" has the same meaning when applied to a judge seeking election to a non-judicial office. (2) To "solicit" means to directly, knowingly and intentionallymake a request, appeal or announcement, public or private, oral or written, whether in person or through the press, radio, television, telephone, Internet, billboard, or distribution and circulation of printed materials, that expressly requests other persons to contribute, give, loan or pledge any money, goods, labor, services or real property interest to a specific individual's efforts to be elected to public office. (3) To "endorse" means to knowingly and expressly request,appeal or announce publicly, orally or in writing, whether in person or through the press, radio, television, telephone, Internet, billboard or distribution and circulation of printed materials, that other persons should support a specific individual in that person's efforts to be elected to public office. B. Permissible political conduct. A judge or a candidate may: (1) attend, preside over, and speak at any political party gathering, meeting or other convocation, including a fund-raising function for himself/herself, another individual or group of individuals seeking election to office and the judge or candidate may be listed or noted within any publicity relating to such an event;(2) if a judge is a candidate, endorse any individual seekingelection to any office or conduct a joint campaign with and endorse other individuals seeking election to judicial office, including the solicitation of funds for a joint judicial campaign; (3) identify himself/herself as a member of a political partyand make financial contributions to a political party or organization; provided, however, that he/she may not personally make financial contributions or loans to any individual seeking election to office (other than himself/herself) except as part of a joint judicial campaign as permitted in subsection B(2); (4) personally solicit campaign funds and request publicsupport from anyone for his/her own campaign or, alternatively, and in addition thereto, authorize or establish committees of responsible persons to secure and manage the solicitation and expenditure of campaign funds; (5) become a candidate either in a primary or in a generalelection for a judicial office provided that the judge should resign the judge's judicial office prior to becoming a candidate either in a party primary or in a general election for a nonjudicial office; (6) engage in any other constitutionally protected politicalactivity. C. Prohibited political conduct. A judge or a candidate should not: (1) solicit funds on behalf of a political party, organization,or an individual (other than himself/herself) seeking election to office, by specifically asking for such contributions in person, by telephone, by electronic media, or by signing a letter, except as permitted under subsection B of this Canon or otherwise within this Code; (2) endorse a candidate for public office except as permittedunder subsection B of this Canon or otherwise within this Code; (3) intentionally and knowingly misrepresent his/her identityor qualifications. D. Political conduct of family members. The spouse or other family member of a judge or a candidate is permitted to engage in political activity. LIMITATION OF PROCEEDINGS
Disciplinary proceedings to redress alleged violations of Canon 7 of this Code must be commenced within three months of the act or omission allegedly giving rise to the violation. Disciplinary proceedings to redress alleged violations of all other provisions of this Code must be commenced within three years of the act or omission allegedly giving rise to the violation; provided, however, that disciplinary proceedings may be instituted at any time against a judge convicted of a felony during the judge's tenure in judicial office.
SCOPE AND EFFECTIVE DATE OF COMPLIANCE
The provisions of Canon 7 of this Code shall apply to judges and candidates for judicial office. The other provisions of this Code shall become effective as to a judge upon the administration of the judge's oath to the office of judge; provided, however, that it shall be permissible for a newly installed judge to facilitate or assist in the transfer of the judge's prior duties as legal counsel but the judge may not be compensated therefor.
N.C. Code. Jud. Cond. Canon 7
Subdivision B(1) amended effetive 11/5/2015.