IN THE SUPREME COURT OF THE STATE OF OREGON
In the Matter of the Amendment of the revised OREGON CODE OF JUDICIAL CONDUCT )

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ORDER No. 99-053

ORDER AMENDING THE OREGON CODE OF JUDICIAL CONDUCT

The Oregon Judicial Conference, on April 28, 1998, recommended amendment of the Oregon Code of Judicial Conduct to replace the existing Judicial Rule 4 and make a correction in Judicial Rule 3-102.

The Supreme Court adopted the amendments recommended by the Oregon Judicial Conference as set out below in this order.

THEREFORE, the Supreme Court for the State of Oregon, pursuant to the Oregon Constitution, Article VII (Amended), Section 8(e), orders as follows:

A. The Oregon Code of Judicial Conduct revised and enacted by this Court by Order No. 95-095 on November 22, 1995, and amended by this Court on June 18, 1997, by Order No. 97-054, is further amended as follows:

1. Judicial Rule 4 is repealed and the following Judicial Rule 4 is enacted in lieu thereof:

Judicial Rule 4: Political Activity by a Judge

JR 4-101 A judge shall not knowingly

(1) make a public statement in support of the election or defeat of any candidate for a nonjudicial public office or to promote or influence the passage or defeat of laws or regulations at any level of government, or

(2) contribute or solicit funds, services or property to elect or defeat any candidate for a nonjudicial public office or to promote or influence the passage or defeat of laws or regulations at any level of government, or

(3) lend the judge's name in support of an action, by any person or group, to elect or defeat any candidate for a nonjudicial public office or to promote or influence the passage or defeat of laws or regulations at any level of government,

if, in doing (1), (2) or (3) above, the judge:

(A) Creates a reasonable doubt about the judge's impartiality towards persons, organizations or factual issues that would likely come before the court on which the judge serves, including, but not limited to, circumstances that require the judge's disqualification under JR 2-106.

(B) Supports in the judge's official capacity, a cause other than one pertaining to the legal system, legal education, the improvement of the law, the integrity of the judicial process, the administration of justice, or court administration, including judicial benefits. This subsection does not limit the ability of a judge to join, pay dues to, and participate in activities of any professional association or organization, which activities may include lobbying for judicial benefits such as salary and retirement.

(C) Represents that the judge making the public statement speaks on behalf of the judicial branch of government unless the judge has been authorized to do so.

JR 4-102 With respect to any election or appointment for judicial public office, a judge shall not knowingly:

(A) Misrepresent the judge's identity, qualifications, present position, education, experience or other fact.

(B) Make pledges or promises of conduct in office that could inhibit or compromise the faithful, impartial and diligent performance of the duties of the office.

(C) Publicly identify the judge, for the purpose of election, as a member of a political party other than by registering to vote or as allowed by ORS 249.015.

(D) Personally solicit campaign contributions in money or in kind, but a judge may establish one or more committees to obtain and manage finances, including contributions, and pay expenses to promote the judge's election.

(E) Use or permit the use of campaign contributions for the private benefit of the judge except as may be specifically authorized by law.

JR 4-103 With respect to JR 4-101 through 4-103, a judge shall not authorize or direct any public official or employee or other person who is subject to the judge's direction or control to do anything on behalf of the judge that a judge may not do under the rules.

JR 4-104 The provisions of JR 4-101 through JR 4-103 also apply to:

(1) Any person who becomes a candidate for an elective judicial office, when that person either publicly announces the candidacy or makes any filing with the Secretary of State's office regarding the candidacy, whichever occurs first; and

(2) Any person who becomes a candidate for appointive judicial office when that person files an application for appointment with the Governor's office and for as long as the position for which appointment is sought remains unfilled.

JR 4-105 A judge shall resign the judicial office before becoming a candidate for an elective public nonjudicial office, which occurs when the judge either publicly announces the judge's candidacy for nonjudicial office or makes any filing with the Secretary of State's office regarding the candidacy, whichever occurs first.

JR 4-106 Nothing contained in this or any other Rule of this Code shall limit the ability of a judge to personally solicit campaign or other types of contributions from other judges over whom the judge does not exercise supervisory or appellate authority.

2. Judicial Rule 3-102(D) is amended as follows (material to be deleted is bracketed "[. . .]" and in italics, new language is underlined):

(D) "Assist . . . in [arranging] raising, managing, or investing funds," as used in this rule, means: any fundraising activity other than personally soliciting funds.

B. The amendments to the Oregon Code of Judicial Conduct enacted by part "A" of this order first become effective September 1, 1999.

Dated this 11th day of May, 1999.

Wallace P. Carson, Jr.

Chief Justice


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