ABA JUDICIAL CODE REVISION GROUP RELEASES REVISED
DRAFT POLITICAL ACTIVITY CANON, ADDS DRAFT COMMENTARY

CHICAGO, June 1, 2005 -- The American Bar Association's Joint Commission to Evaluate the Model Code of Judicial Conduct has released a revised draft of its proposed new canon and rules addressing political activity, along with commentary explaining and illustrating the rules.

The new draft is structurally very different from the initial proposed revised canon and rules, published in January. Both draft revisions are much more detailed than the current Model Code of Judicial Conduct, which does not, for example, differentiate ethical rules governing judicial candidates in partisan elections from rules governing candidates in non-partisan elections. Also, the commentary was not available with the first draft revision of Canon 5.

"This code revision project is very much a continuing process," said Mark I. Harrison of Phoenix, chair of the joint commission.

"As with our previous postings, the Joint Commission is presenting this draft of Canon 5 and the commentary accompanying it without waiting to complete work on the entire code, including the preamble, terminology and applications provisions, to allow interested members of the public and legal community as much opportunity as possible to focus on each portion and react to our ideas. In particular, the state of the law with respect to political activity by judges and by lawyers who wish to become judges is a developing area. We feel strongly that the comment we hope to receive will contribute to a code that provides guidance for judges and assurance to the public of appropriate standards for judicial conduct," said Harrison.

Harrison noted that the newly published draft represents "only the current thinking of the members of the joint commission and its advisors," adding that "the current draft will be reconsidered" after public comment is received.

In the current iteration, the canon states a broad general premise: "A judge or candidate for judicial office shall refrain from political activity that is inconsistent with the integrity, independence and impartiality of the judiciary." A series of seven rules under the canon address specifics. The first rule sets restrictions on political activities of judges and judicial candidates. The next four rules propose exceptions to those restrictions tailored to candidates in partisan public elections, non-partisan public elections, retention elections and appointment processes. The final two rules address oversight responsibilities of judicial candidates with campaign committees, and the activities permitted for those committees, and political activity for judges who are seeking non-judicial offices.

The new material is posted on the ABA's Web site at www.abanet.org/judicialethics/drafts.html under the heading Canon 5. The January version of the draft revision also is posted there. The current version of the model code is posted at www.abanet.org/cpr/mcjc/mcjc_home.html. Comment should be directed to Debra D. Taylor at DebraTaylor@staff.abanet.org.

The joint commission was appointed by the ABA president in 2003 to review the ABA's model ethics code for judges and to recommend revisions. It is a joint project of the ABA Center for Professional Responsibility and the ABA Standing Committee on Judicial Independence.

With more than 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law in a democratic society.

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