“You Don’t Say…”
A Judge’s or Judicial Candidate’s Views
The Preamble to the Code of Judicial Conduct states that, “An independent, fair and impartial judiciary is indispensable to our system of justice.”
Impartiality must be maintained to enhance confidence in the legal system. Judges are required by ethical rules to be independent, fair, and impartial. If a Judge expresses an opinion or bias regarding a certain issue, that Judge may have to recuse or withdraw from hearing a case that involves that issue. A Judicial Candidate is held to the same standards.
Like all citizens, Judges and Judicial Candidates enjoy the First Amendment right to free speech. However, exercising that freedom may limit that Judge’s ability to perform the duties of the position. The rules state, “The duties of judicial office, as prescribed by law, shall take precedence over a judge’s personal and extrajudicial activities.” (Rule 2-2.1 Giving Precedence to the Duties of Judicial Office)
My Views
I have been asked my views on various controversial and hot-button topics that our society faces on local, state, and national levels. I have refrained, and will continue to refrain, from answering such questions.
The minimal restraint of my First Amendment rights is more than reasonable.
When I choose not to answer those questions, I am meeting the job requirements and setting myself up to hit the ground running.