RULE 4.1  Political and Campaign Activities of Judges and Judicial Candidates in General

            (A)  Except as permitted by law, or by Rules 4.2 and 4.4, a judge or a judicial candidate shall not:

            (1)  act as a leader in, or hold an office in, a political organization;

            (2)  make speeches on behalf of a political organization;

            (3)  publicly endorse or oppose a candidate for any public office;

            (4)  solicit funds for a political organization or a candidate for public office;

            (5)  [Reserved];

            (6)  publicly identify himself or herself as a candidate of a political organization;

            (7)  seek, accept, or use endorsements or publicly stated support from a political organization;

            (8)  [Reserved];

            (9)  use or permit the use of campaign contributions for the private benefit of the judge, the candidate, or others;

            (10)  use court staff, facilities, or other court resources in a campaign for judicial office;

            (11)  knowingly, or with reckless disregard for the truth, make any false or misleading statement;

            (12)  make any statement that would reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court; or

            (13)  in connection with cases, controversies, or issues that are likely to come before the court, make pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties or judicial office.

            (B)  A judge or judicial candidate shall take reasonable measures to ensure that other persons do not undertake, on behalf of the judge or judicial candidate, any activities prohibited under paragraph (A).

           (C) Except as prohibited by law, a judge or judicial candidate subject to public election may at any time:

            (1) attend political gatherings or attend or purchase tickets for dinners or other events sponsored by a political organization or a candidate for public office;

          (2) upon request, identify himself or herself as a member of a political party;

          (3) be a member of or pay an assessment to or make a contribution to a political organization or make a contribution to a candidate for public office;

          (4) make a public declaration of candidacy;

          (5) make a public speech or appearance or speak to gatherings on his or her own behalf; and

          (6) appear in newspaper, television, or other media.

COMMENT

General Considerations

            [1] Even when subject to public election, a judge plays a role different from that of a legislator or executive branch official. Rather than making decisions based upon the expressed views or preferences of the electorate, a judge makes decisions based upon the law and the facts of every case. Therefore, in furtherance of this interest, judges and judicial candidates must, to the greatest extent possible, be free and appear to be free from political influence and political pressure. This Canon imposes narrowly tailored restrictions upon the political and campaign activities of all judges and judicial candidates.

            [2] Canon 4 applies to all incumbent judges and judicial candidates. A successful candidate, whether or not an incumbent, is subject to judicial discipline for his or her campaign conduct; an unsuccessful candidate who is a lawyer is subject to lawyer discipline for his or her campaign conduct. A lawyer who is a candidate for judicial office is subject to Rule 8.2 of the Nevada Rules of Professional Conduct. A nonlawyer who is an unsuccessful candidate for judicial office is subject to the applicable provisions of the Nevada Revised Statutes, including those referred to in Part VI of the Application section as being inapplicable to the judicial branch of government.

Participation in Political Activities

            [3] Public confidence in the independence and impartiality of the judiciary is eroded if judges or judicial candidates are perceived to be subject to political influence. A judge or candidate for judicial office retains the right to participate in the political process as a voter, be a member of a political organization, and contribute personal funds to a candidate or political organization. Although judges and judicial candidates may register to vote as members of a political party, they are prohibited by paragraph (A)(1) from assuming leadership roles in political organizations.

            [4] Paragraphs (A)(2) and (A)(3) prohibit judges and judicial candidates from making speeches on behalf of political organizations or publicly endorsing or opposing candidates for public office, respectively, to prevent them from abusing the prestige of judicial office to advance the interests of others. See Rule 1.3. These Rules do not prohibit candidates from campaigning on their own behalf, or from endorsing or opposing candidates for the same judicial office for which they are running. See Rules 4.2(B)(2) and 4.2(B)(3). A judge or judicial candidate’s donation to a candidate or political organization that is otherwise permitted by state or federal law is not considered a public endorsement of a candidate for public office. Nothing in this Rule prohibits a judge or candidate from speaking to a political organization.

            [5] Although members of the families of judges and judicial candidates are free to engage in their own political activity, including running for public office, there is no “family exception” to the prohibition in paragraph (A)(3) against a judge or candidate publicly endorsing candidates for public office. A judge or judicial candidate must not become involved in, or publicly associated with, a family member’s political activity or campaign for public office. To avoid public misunderstanding, judges and judicial candidates should take, and should urge members of their families to take, reasonable steps to avoid any implication that they endorse any family member’s candidacy or other political activity.

            [6] Judges and judicial candidates retain the right to participate in the political process as voters in both primary and general elections. For purposes of this Canon, participation in a caucus-type election procedure does not constitute public support for or endorsement of a political organization or candidate and is not prohibited by paragraphs (A)(2) or (A)(3).

            [6A] Paragraph (C) permits judges or judicial candidates to be involved in limited political activity at any time and also allows them to make a public declaration of candidacy and to make public speeches and appearances at any time. Even though judges in Nevada are chosen by means of nonpartisan elections, judges and candidates for judicial office are occasionally asked at candidates’ forums to identify their political party affiliations. Rule 4.1(C)(2) permits a judge or candidate to identify his or her political party membership upon request. While judges and candidates may properly respond to questions regarding their party affiliation, it is impermissible in campaign materials for them to align themselves with a political party or to affiliate themselves with a political party. Nonetheless, judges and candidates may place their campaign materials on a table designated for the distribution of literature at any gathering regardless of whether the table is sponsored by a particular political party.

            [6B] Paragraph (A)(10) does not prohibit use of court facilities or resources for limited purposes such as filming campaign commercials, so long as the use does not interfere with the performance of judicial duties.

Statements and Comments Made During a Campaign for Judicial Office

            [7] Judicial candidates must be scrupulously fair and accurate in all statements made by them and by their campaign committees. Paragraph (A)(11) obligates candidates and their committees to refrain from making statements that are false or misleading, or that omit facts necessary to make the communication considered as a whole not materially misleading.

            [8] Judicial candidates are sometimes the subject of false, misleading, or unfair allegations made by opposing candidates, third parties, or the media. For example, false or misleading statements might be made regarding the identity, present position, experience, qualifications, or judicial rulings of a candidate. In other situations, false or misleading allegations may be made that bear upon a candidate’s integrity or fitness for judicial office. As long as the candidate does not violate paragraphs (A)(11), (A)(12), or (A)(13), the candidate may make a factually accurate public response. In addition, when an independent third party has made unwarranted attacks on a candidate’s opponent, the candidate may disavow the attacks, and request the third party to cease and desist.

            [9] Subject to paragraph (A)(12), a judicial candidate is permitted to respond directly to false, misleading, or unfair allegations made against him or her during a campaign, although it is preferable for someone else to respond if the allegations relate to a pending case.

            [10] Paragraph (A)(12) prohibits judicial candidates from making comments that might impair the fairness of pending or impending judicial proceedings. This provision does not restrict arguments or statements to the court or jury by a lawyer who is a judicial candidate, or rulings, statements, or instructions by a judge that may appropriately affect the outcome of a matter.

Pledges, Promises, or Commitments Inconsistent With Impartial Performance of the Adjudicative Duties of Judicial Office

            [11] The role of a judge is different from that of a legislator or executive branch official, even when the judge is subject to public election. Campaigns for judicial office must be conducted differently from campaigns for other offices. The narrowly drafted restrictions upon political and campaign activities of judicial candidates provided in Canon 4 allow candidates to conduct campaigns that provide voters with sufficient information to permit them to distinguish between candidates and make informed electoral choices.

            [12] Paragraph (A)(13) makes applicable to both judges and judicial candidates the prohibition that applies to judges in Rule 2.10(B), relating to pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office.

            [13] The making of a pledge, promise, or commitment is not dependent upon, or limited to, the use of any specific words or phrases; instead, the totality of the statement must be examined to determine if a reasonable person would believe that the candidate for judicial office has specifically undertaken to reach a particular result. Pledges, promises, or commitments must be contrasted with statements or announcements of personal views on legal, political, or other issues, which are not prohibited. When making such statements, a judge should acknowledge the overarching judicial obligation to apply and uphold the law, without regard to his or her personal views.

            [14] A judicial candidate may make campaign promises related to judicial organization, administration, and court management, such as a promise to dispose of a backlog of cases, start court sessions on time, or avoid favoritism in appointments and hiring. A candidate may also pledge to take action outside the courtroom, such as working toward an improved jury selection system, or advocating for more funds to improve the physical plant and amenities of the courthouse.

            [15] Judicial candidates may receive questionnaires or requests for interviews from the media and from issue advocacy or other community organizations that seek to learn their views on disputed or controversial legal or political issues. Paragraph (A)(13) does not specifically address judicial responses to such inquiries. Depending upon the wording and format of such questionnaires, candidates’ responses might be viewed as pledges, promises, or commitments to perform the adjudicative duties of office other than in an impartial way. To avoid violating paragraph (A)(13), therefore, candidates who respond to media and other inquiries should also give assurances that they will keep an open mind and will carry out their adjudicative duties faithfully and impartially if elected. Candidates who do not respond may state their reasons for not responding, such as the danger that answering might be perceived by a reasonable person as undermining a successful candidate’s independence or impartiality, or that it might lead to frequent disqualification. See Rule 2.11. 

RULE 4.2  Political and Campaign Activities of Judicial Candidates in Public Elections

            (A)  A judicial candidate in a public election shall:

            (1)  act at all times in a manner consistent with the independence, integrity, and impartiality of the judiciary;

           (2)  comply with all applicable election, election campaign, and election campaign fund-raising laws and regulations of this jurisdiction;

            (3)  review and approve the content of all campaign statements and materials produced by the candidate or his or her campaign committee, as authorized by Rule 4.4, before their dissemination; and

            (4)  take reasonable measures to ensure that other persons do not undertake on behalf of the candidate activities that the candidate is prohibited from doing by Rule 4.1.

            (5) report contributions received and campaign expenses in accordance with NRS Chapter 294A.

            (6) if elected to judicial office, a candidate who received contributions that were not spent or committed for expenditure as a result of the campaign may dispose of the money in any combination as provided in subsections (a)–(d). Any other disposition of the money is prohibited.

                        (a) return the unspent money to contributors;

                        (b) donate the money to the general fund of the state, county or city relating to the judge’s office;

                        (c) use the money in the judge’s next election or for the payment of other expenses related to the judge’s public office or the judge’s previous campaigns for judicial office;

                        (d) donate the money to any tax-exempt nonprofit entity, including a nonprofit state or local bar association, the Administrative Office of the Courts or any foundation entrusted with the distribution of Interest on Lawyer’s Trust Accounts (IOLTA) funds.

            (7) unless a candidate for other judicial office, a judge who does not run for reelection shall, not later than the 15th day of the second month after the expiration of the judge’s term of office, dispose of those contributions in the manner provided in Rule 4.2(A)(6).

            (B)  A candidate for elective judicial office may, unless prohibited by law;

            (1)  establish a campaign committee pursuant to the provisions of Rule 4.4;

            (2)  speak on behalf of his or her candidacy through any medium, including but not limited to advertisements, websites, or other campaign literature;

            (3)  publicly oppose candidates for the same judicial office for which he or she is running;

            (4)  in accordance with Rules 4.2(C), 4.2(D) and other applicable law, solicit and accept campaign contributions, either personally or through a campaign committee.

            (5)  seek, accept, or use endorsements from any person or organization other than a partisan political organization.

            (C) A candidate who is not opposed in an election must not solicit or accept contributions for the candidate’s campaign, either personally or through a candidate’s committee, at any time.

            (1) A candidate becomes opposed in an election when, at the close of filing, another candidate has filed a declaration of candidacy or acceptance of candidacy for the same judicial office.

            (2) If a candidate’s opponent files a withdrawal of candidacy, the candidate is deemed unopposed as of the effective date of the withdrawal of candidacy and must not solicit or accept campaign contributions after that date.

            (3) A candidate who is opposed and/or the candidate’s committees may solicit or accept contributions for the candidate’s campaign no earlier than 5:00 p.m. on the last day for filing a declaration of candidacy for judicial office and no later than 90 days after the last election in which the candidate participates during the election year.

            (D) Candidates running exclusively for municipal court, however, may solicit or accept contributions for the candidate’s campaign no earlier than 120 days before the primary election and no later than 90 days after the last election in which the candidate participates during the election year. If, at the close of filing for judicial office in a municipal court election a candidate is unopposed, the candidate must not solicit or accept campaign contributions after the close of filing.

COMMENT

            [1] Paragraphs (B), (C), and (D) permit judicial candidates in public elections to engage in some political and campaign activities otherwise prohibited by Rule 4.1. Solicitation and acceptance of campaign contributions by unopposed candidates or their committees are prohibited at any time, except as provided in paragraph (D) for candidates running exclusively for municipal court.

            [2] Despite paragraphs (B), (C), and (D), judicial candidates for public election remain subject to many of the provisions of Rule 4.1. For example, a candidate continues to be prohibited from soliciting funds for a political organization, knowingly making false or misleading statements during a campaign, or making certain promises, pledges, or commitments related to future adjudicative duties. See Rule 4.1(A), paragraphs (4), (11), and (13).

            [3] Based upon the statutory changes enacted by the Nevada Legislature in 2007, and approved by the Governor, the filing date for a candidate for supreme court, district court, and justice of the peace has been advanced from May to January. Therefore, candidates involved in a contested election should have sufficient time to raise campaign contributions before the August primary date. Due to the divergent filing deadlines and election dates in municipal elections, special time limitations on fundraising are required for those elections.

            In the event the candidate is not opposed in an election, under paragraphs (C) and (D) the candidate may not solicit contributions. One of the reasons for this restriction is that unopposed candidates for all judicial offices only need one vote to win their election. The only judicial candidates who have a ‘‘none of the above’’ category on the ballot are statewide candidates for the Nevada Supreme Court.

            However, the Nevada Legislature approved Senate Joint Resolution 2 in 2007, which would amend the Nevada Constitution and change judicial selection for supreme court justices and district court judges from an election to an appointment process with a retention election. In the event this resolution is approved by the Nevada Legislature in 2009 and approved by the voters in the subsequent general election, this Rule may be amended to change the procedures regarding the solicitation of campaign contributions.

            [4] This Rule permits a candidate to seek, accept, or use endorsements or publicly stated support from any source except partisan political organizations.

            [5] Paragraph (A)(6) provides a variety of methods for handling excess campaign funds. Although it is entirely ethical to use or dispose of such funds in accordance with the provisions of Rule 4.2(A)(6), candidates are encouraged to be responsive to the desires of the contributors concerning the disposition of such funds within the available options, to the extent such desires are known to the candidate or the candidate’s campaign committees.

            The 2007 amendments to former Section 5C(4) conform the Code more closely to NRS 294A.160(2). However, this Canon is more restrictive than the provisions of NRS 294A.160(2). Candidates for judicial office are subject to the reporting requirements of NRS 294A.200 relating to campaign contributions, together with all other applicable state campaign reporting and contribution laws.

            Candidates who are not elected to or holding judicial office are subject to the requirements of NRS 294A.160(3) governing the disposition of unspent campaign funds.

            [6] For purposes of paragraph (B)(3), candidates are considered to be running for the same judicial office if they are competing for a single judgeship or if several judgeships on the same court are to be filled as a result of the election. In opposing another candidate for a position on the same court, a judicial candidate must abide by the same rules governing campaign conduct and speech as apply to the candidate’s own campaign.

            [7] Although judicial candidates in nonpartisan public elections are prohibited from running on a ticket or slate associated with a political organization, they may group themselves into slates or other alliances to conduct their campaigns more effectively. Candidates who have grouped themselves together are considered to be running for the same judicial office if they satisfy the conditions described in Comment [6].

RULE 4.3   Activities of Applicants for Appointive Judicial Office

            An applicant for appointment to judicial office may:

           (A)  communicate with the appointing authority, including any selection, screening, or nominating commission or similar agency; and

           (B)  seek endorsements for the appointment from any person or organization other than a partisan political organization.

COMMENT

            [1] When seeking support or endorsement, or when communicating directly with an appointing authority, an applicant for appointive judicial office must not make any pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of the office. See Rule 4.1(A)(13).

            [2] An applicant for appointment to judicial office must not solicit or accept funds, personally or through a committee or otherwise, to support his or her application. And such applicants may not establish campaign committees under Rule 4.4. A nonjudge applicant for appointment to judicial office may also retain an office in a political organization.

RULE 4.4  Campaign Committees

            (A)  A judicial candidate subject to public election may establish a campaign committee to manage and conduct a campaign for the candidate, subject to the provisions of this Code.  The candidate is responsible for ensuring that his or her campaign committee complies with applicable provisions of this Code and other applicable law.

            (B)   A judicial candidate subject to public election shall direct his or her campaign committee:

            (1)  to solicit and accept only such campaign contributions as are reasonable under the circumstances and in an amount permitted by law; and

            (2)  not to solicit or accept contributions for a candidate's current campaign except in accordance with Rules 4.2(C) and 4.2(D).

COMMENT

            [1] A candidate may personally solicit or accept campaign contributions in accordance with the law or personally solicit publicly stated support. A candidate may use committees to solicit and accept such lawful contributions and conduct campaigns for the candidate through media advertisements, brochures, mailings, candidate forums, and other means not prohibited by law. This Rule recognizes that judicial candidates must raise campaign funds to support their candidacies and permits candidates, other than applicants for appointive judicial office, to establish campaign committees to solicit and accept reasonable financial contributions or in-kind contributions.

            [2] Campaign committees may solicit and accept campaign contributions, manage the expenditure of campaign funds, and generally conduct campaigns. Candidates are responsible for compliance with the requirements of election law and other applicable law, and for the activities of their campaign committees.

            [3] A candidate must instruct the campaign committee to solicit or accept only such contributions as are reasonable in amount, appropriate under the circumstances, and in conformity with applicable law. A candidate and members of the candidate’s campaign committees must exercise a high degree of ethical behavior in the solicitation and acceptance of campaign contributions, and must especially take great care in avoiding coercion or the appearance of coercion in the solicitation and acceptance of such contributions. Although lawyers and others who might appear before a successful candidate for judicial office are permitted to make campaign contributions, the candidate should instruct his or her campaign committee to be especially cautious in connection with such contributions, so they do not create grounds for disqualification if the candidate is elected to judicial office. See Rule 2.11.

RULE 4.5  Activities of Judges Who Become Candidates for Nonjudicial Office

            (A)  Upon becoming a candidate for a nonjudicial elective office, a judge shall resign from judicial office, unless permitted by law to continue to hold judicial office.

            (B)  Upon becoming a candidate for a nonjudicial appointive office, a judge is not required to resign from judicial office, provided that the judge complies with the other provisions of this Code.

COMMENT

            [1] In campaigns for nonjudicial elective public office, candidates may make pledges, promises, or commitments related to positions they would take and ways they would act if elected to office. Although appropriate in nonjudicial campaigns, this manner of campaigning is inconsistent with the role of a judge, who must remain fair and impartial to all who come before him or her. The potential for misuse of the judicial office and the political promises that the judge would be compelled to make in the course of campaigning for nonjudicial elective office, together dictate that a judge who wishes to run for such an office must resign upon becoming a candidate.

            [2] The “resign to run” rule set forth in paragraph (A) ensures that a judge cannot use the judicial office to promote his or her candidacy and prevents post-campaign retaliation from the judge in the event the judge is defeated in the election. When a judge is seeking appointive nonjudicial office, however, the dangers are not sufficient to warrant imposing the “resign to run” rule.