Pennsylvania Cases December 20, 2019: In re Amendment of Rule 4.2

Case Description

ORDER

PER CURIAM

AND NOW , this 20 day of December, 2019, it is Ordered, pursuant to Article V, Section 10 of the Constitution of Pennsylvania, that Rule 4.2 of the Code of Judicial Conduct is amended in the attached form.

To the extent that notice of proposed rulemaking would otherwise be required by Pa.R.J.A. No. 103, the immediate promulgation of the amendments is found to be in the interests of justice and efficient administration.

This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and the amendments herein shall be effective January 20, 2020.

Additions are shown in bold and are underlined.

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Rule 4.2. Political and Campaign Activities of Judicial Candidates in Public Elections

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(B) A candidate for elective judicial office may, unless prohibited by law, and not earlier than immediately after the General Election in the year prior to the calendar year in which a person may become a candidate for such office:

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(3) publicly endorse or speak on behalf of, or publicly oppose or speak in opposition to, candidates for the same judicial office for which he or she is a judicial candidate, or publicly endorse or speak on behalf of candidates for any other elective judicial office appearing on the same ballot;

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Comment:
*** (5) For purposes of paragraph (B)(3), candidates are considered to be a candidate for the same judicial office if they are competing for a single judgeship or for one of several judgeships on the same court to be filled as a result of the election. Additionally , the phrase "candidates for any other elective judicial office appearing on the same ballot" means candidates who appear together on the paper ballot or , in the case of electronic voting terminals , appear together on the electronic ballot. In endorsing or 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.