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The Indiana Commission on Judicial Qualifications issued an advisory opinion Monday on campaign endorsements and other campaign conduct.
The opinion states that a judicial candidate may seek the endorsement of a candidate who is running at the same time as them even if it is not in the same election cycle. However, the judicial candidate may not endorse or contribute to the other individual’s campaign or attend their events.
“Nonetheless, as many trial court judges across the state are selected by partisan election, they will inevitably need to engage in some political activities when seeking judicial office,” the opinion states. “Canon 4 of the Code of Judicial Conduct attempts to strike a balance between the judicial candidate’s need to speak and act in furtherance of the candidate’s judicial campaign while preserving the public’s interest in maintaining the judiciary’s independence, impartiality, and integrity.”
The analysis of the opinion warns candidates should pay close attention to the Indiana Judicial Conduct Rules 4.1 and 4.2 on what political activities are allowed of state judges.
The use of public areas of the courthouse for taking photographs for campaign materials is permitted in limited circumstances. It is allowed if it is an area a member of the public would be permitted to engage in. It is not allowed if it is a court facility restricted to judges, court staff and attorneys.
The commission encourages candidates to reach out if they have further questions.
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