Canon 5 - Refraining from Inappropriate Political Activity(1) A judge or judicial candidate shall not:(i) make pledges or promises of conduct in office regarding pending or impending cases, specific classes of cases, specific classes of litigants, or specific propositions of law that would suggest to a reasonable person that the judge is predisposed to a probable decision in cases within the scope of the pledge;(ii) knowingly or recklessly misrepresent the identity, qualifications, present position, or other fact concerning the candidate or an opponent; or(iii) make a statement that would violate Canon 3B(10).(2) A judge or judicial candidate shall not authorize the public use of his or her name endorsing another candidate for any public office, except that either may indicate support for a political party. A judge or judicial candidate may attend political events and express his or her views on political matters in accord with this Canon and Canon 3B(10).(3) A judge shall resign from judicial office upon becoming a candidate in a contested election for a non-judicial office either in a primary or in a general or in a special election. A judge may continue to hold judicial office while being a candidate for election to or serving as a delegate in a state constitutional convention or while being a candidate for election to any judicial office.(4) A judge or judicial candidate subject to the Judicial Campaign Fairness Act, Tex. Elec. Code § 253.151, et seq. (the "Act"), shall not knowingly commit an act for which he or she knows the Act imposes a penalty. Contributions returned in accordance with Sections 253.155(e), 253.157(b) or 253.160(b) of the Act are not a violation of this paragraph.(5) A judge or judicial candidate shall not knowingly make a false declaration on a statutorily required application for a place on the ballot for any of the courts listed in Canon 6A(1).Tex. Code. Jud. Cond. Canon 5
Amended effective 8/22/2002, amended effective 7/10/2019; amended August 7, 2023, effective 9/1/2023; amended August 25, 2023, effective 9/1/2023; final approval of August 2023 amendments ordered November 7, 2023, effective 9/1/2023.COMMENT
A statement made during a campaign for judicial office, whether or not prohibited by this Canon, may cause a judge's impartiality to be reasonably questioned in the context of a particular case and may result in recusal.
Consistent with section 253.1612 of the Texas Election Code, the Code of Judicial Conduct does not prohibit a joint campaign activity conducted by two or more judicial candidates.
Subpart (5) of Canon 5 is added to reflect new statutory requirements relating to applications for judicial office. See Tex. Elec. Code § 141.0311; Tex. Gov't Code § 33.032(i).