JI-36

April 15, 1991

SYLLABUS

A judge or candidate may place an advertisement in a political party's ad book so long as the content of the advertisement does not constitute a speech on behalf of a political party or nonjudicial candidate or an endorsement of a candidate for nonjudicial office.

References: MCJC 7A; JI-30.

TEXT

A judge requests an opinion whether it is permitted conduct under the Michigan Code of Judicial Conduct to purchase an advertisement in a political party's ad book.

MCJC 7A states in part:

"(1) A judge or a candidate for judicial office should not:

"(a) hold any office in a political party;

"(b) make speeches on behalf of a political party or non-judicial candidate or publicly endorse a candidate for non-judicial office.

"(2) A judge or candidate for judicial office may:

"(a) attend political gatherings;

"(b) speak to such gatherings on his own behalf or on behalf of other judicial candidates;

"(c) contribute to a political party."

If the advertisement is merely a "tombstone" ad, and does not constitute a speech on behalf of a political party or nonjudicial candidate or an endorsement of a non-judicial candidate, it would be permissible under MCJC 7A(2). An acceptable example would be:

paid for by
JUDGE XXXXX XXXXXXXXX
CIRCUIT JUDGE

Placing such a "tombstone" advertisement in a political party's ad book is, in our view, even less suspect than attending a political gathering [permissible under MCJC 7A(2)(a)] or contributing to a political party [permissible under MCJC 7A(2)(c)]. It is a contribution and an appearance, and nothing more. See also, JI-30, opining a judge may attend a fundraiser held for a nonjudicial candidate, and may participate in campaign activities which do not constitute a public endorsement of the nonjudicial candidate.

Although the inquirer states he/she is not a candidate, that fact is immaterial since MCJC 7A applies equally to judges and candidates.

Therefore a judge or candidate may place an advertisement in a political party's ad book so long as the content of the advertisement does not constitute a speech on behalf of a political party or nonjudicial candidate or an endorsement of a candidate for nonjudicial office.