Can a judge or judicial candidate buy an advertisement in a political party's ad book in Michigan?

Plain-English summary

A judge asked whether the Michigan Code of Judicial Conduct permitted purchasing an advertisement in a political party's ad book. The Committee read MCJC 7A, which bars a judge or judicial candidate from holding party office, making speeches for a party or nonjudicial candidate, or publicly endorsing a nonjudicial candidate, while permitting a judge to attend political gatherings, speak on the judge's own behalf or for other judicial candidates, and contribute to a political party.

The Committee concluded that if the advertisement is merely a "tombstone" ad, and does not constitute a speech on behalf of a party or nonjudicial candidate or an endorsement of a nonjudicial candidate, it is permissible under MCJC 7A(2). It gave an acceptable example: a simple "paid for by Judge [name], Circuit Judge." The Committee reasoned that placing such a plain ad in a party's ad book is even less suspect than attending a political gathering or contributing to a party, both expressly permitted, because it is a contribution and an appearance and nothing more. It cited JI-30, which allowed a judge to attend a fundraiser for a nonjudicial candidate and participate in campaign activities short of a public endorsement. The Committee added that it made no difference that the inquirer was not currently a candidate, because MCJC 7A applies equally to judges and candidates.

Currency note

This opinion was issued in 1991 under the Michigan Code of Judicial Conduct as it then stood. The Code has since been amended, and later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.

Common questions

Q: Could a judge buy an ad in a political party's ad book?

A: Yes, within limits. The opinion concluded a plain "tombstone" ad is permissible under MCJC 7A(2) as long as it is not a speech for a party or nonjudicial candidate and not an endorsement of a nonjudicial candidate.

Q: What would make the ad improper?

A: Per the opinion, content that amounts to a speech on behalf of a political party or nonjudicial candidate, or an endorsement of a candidate for nonjudicial office, would cross the line under MCJC 7A(1)(b).

Q: Did it matter that the person was not currently running for judge?

A: No. The opinion noted that MCJC 7A applies equally to judges and judicial candidates, so the inquirer's non-candidate status was immaterial.

Background and rules framework

The opinion interpreted MCJC 7A of the Michigan Code of Judicial Conduct (political conduct of judges and judicial candidates), distinguishing the activities barred by MCJC 7A(1) from those permitted by MCJC 7A(2), and relied on its earlier opinion JI-30.

Citations and references

Code of Judicial Conduct:

• MCJC 7A(1)(b) (no speeches for or endorsement of a nonjudicial candidate)
• MCJC 7A(2) (permitted political activity: attending gatherings, contributing to a party)

Other opinions cited:

• JI-30 (attending a fundraiser for a nonjudicial candidate)

See also

• Mich Ethics Op. JI-11: Judge's Name on Party Ticket
• Mich Ethics Op. JI-58: Campaign Funds for a Sports Team
• Mich Ethics Op. JI-131: Judicial Campaign Speech

Source

• Landing page: https://www.michbar.org/opinions/ethics/numbered_opinions?OpinionID=745&Type=6

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

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.