During the course of any campaign for nomination or election to judicial office, a judicial candidate, by means of campaign materials, including sample ballots, advertisements on radio or television or in a newspaper or periodical, electronic communications, a public speech, press release, or otherwise, shall not knowingly or with reckless disregard do any of the following:
(A) Post, publish, broadcast, transmit, circulate, or distribute information concerning the judicial candidate or an opponent, either knowing the information to be false or with a reckless disregard of whether or not it was false or, if true, that would be deceiving or misleading to a reasonable person; (B) Manifest bias or prejudice toward an opponent based on race, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status; (C) Use the title of a public office or position immediately preceding or following the name of the judicial candidate, when the judicial candidate does not hold that office or position; (D) Use the term "judge" when the judicial candidate is not a judge unless that term appears after or below the name of the judicial candidate and is accompanied by either or both of the following: (1) The words "elect" or "vote," in prominent lettering, before the judicial candidate's name; (2) The word "for," in prominent lettering, between the name of the judicial candidate and the term "judge;" (E) Use the term "former" or "retired" immediately preceding the term "judge" unless the term "former" or "retired" appears each time the term "judge" is used and the term "former" or "retired" appears in prominent lettering; (F) Use the term "re-elect" in either of the following circumstances: (1) When the judicial candidate has never been elected at a general or special election to the office for which he or she is a judicial candidate; (2) When the judicial candidate is not the current occupant of the office for which he or she is a judicial candidate; (G) Misrepresent his or her identity, qualifications, present position, or other fact or the identity, qualifications, present position, or other fact of an opponent;(H) Make a false statement concerning the formal schooling or training completed or attempted by a judicial candidate; a degree, diploma, certificate, scholarship, grant, award, prize of honor received, earned, or held by a judicial candidate; or the period of time during which a judicial candidate attended any school, college, community technical school, or institution; (I) Make a false statement concerning the professional, occupational, or vocational licenses held by a judicial candidate, or concerning any position a judicial candidate held for which he or she received a salary or wages;(J) Make a false statement that a judicial candidate has been arrested, indicted, or convicted of a crime; (K) Make a statement that a judicial candidate has been arrested, indicted, or convicted of any crime without disclosing the outcome of all pending or concluded legal proceedings resulting from the arrest, indictment, or conviction;(L) Make a false statement that a judicial candidate has a record of treatment or confinement for mental disorder; (M) Make a false statement that a judicial candidate has been subjected to military discipline for criminal misconduct or dishonorably discharged from the armed services; (N) Falsely identify the source of a statement, issue statements under the name of another person without authorization, or falsely state the endorsement of or opposition to a judicial candidate by a person, organization, political party, or publication. Comment
[1] A judicial candidate must be scrupulously fair and accurate in all statements made by the candidate and his or her campaign committee. This rule obligates the candidate and the committee to refrain from making statements that are false. [2] The use of the title of a public office or position is reserved for those persons who contemporaneously hold the office by election or appointment. The use of the title by one not entitled by law to the office or position falsely states incumbency and thus is inherently misleading and deceptive. A judicial candidate who uses the title in contravention of the rule is acting in a manner inconsistent with the independence, integrity, and impartiality of the judiciary. Comparison to Ohio Code of Judicial Conduct
Rule 4.3 contains standards governing the content of campaign communications that are taken from Ohio Canons 7(B), (D), and (E). Specifically:
* Rules 4.3(A) and (B) correspond to Ohio Canons 7(E)(1) and (2);
* Rule 4.3(C) corresponds to Ohio Canon 7(D)(1);
* Rule 4.3(D) corresponds to Ohio Canon 7(D)(3);
* Rule 4.3(E) corresponds to Ohio Canon 7(D)(4), with a modification to preclude a former judge from using the term "re-elect" when seeking to return to the office to which he or she was previously elected. See In re Judicial Campaign Complaint Against Lilly (2008), 117 Ohio St.3d 1467.
* Rule 4.3(F) corresponds to Ohio Canon 7(B)(2)(f);
* Rules 4.3(G) to (M) correspond to Ohio Canons 7(D)(5) to (11).
Comparison to ABA Model Code of Judicial Conduct
Because Ohio judges are elected, Model Rule 4.3, which governs the conduct of candidates for appointive judicial office, is not adopted in Ohio. The Ohio version of Rule 4.3 contains standards governing the content of campaign communications by judicial candidates.
Comment [1] corresponds to Model Rule 4.1, Comment [7]. Comment [2] is added to note that the prohibition contained in Canon 7(D)(2) is now encompassed by the prohibition in Rule 4.3(C) against misusing the title of an office not currently held by the judicial candidate.
Amended effective 1/1/2013; amended November 29, 2016, effective 1/1/2017; amended effective 5/17/2017.