Finally, we note that Canon 7 states that a judge should not engage
in political activity. Although the political prohibitions in Canons 7A
and 7B are absolute, the catch-all prohibition in Canon 7C against "other
political activity" contains a qualification that Canon 7C "should not
prevent a judge from engaging in the activities described in Canon 4."
However, for a judge to engage in law-related activity under Canon 4, where
the activity is political in nature, is fraught with risks. Thus, before
deciding to engage in law-related activity with political overtones, a
judge should consider whether the express or implied values of other canons
will be contravened. For example, we have advised that a judge should not
serve on an official state committee formed to select state trial and appellate
court judges. Although such activity is law-related, and thus is to be
evaluated under Canons 4 and 7C, it might compromise the judge's independence
and therefore violate Canon 1. A judge who wishes to participate in law-related
activity that is politically oriented should be sensitive to the nature
and tone of the activity, and should not be drawn into the activity in
a way that would contravene Canon 2's goals of propriety and impartiality
in the judiciary or Canon 7A and 7B's prohibition of certain activity pertaining
to political organizations and candidates or pertaining to the judge becoming
a candidate for office. Further, because of the ethical risks associated
with any politically-oriented activity, we construe Canon 4 activities
in this context narrowly, restricting them to those activities that are
most directly related to the law and legal process.
April 25, 1997
Revised October 27, 1998
1. For consideration of the predicate question of
whether the activity is extrajudicial, rather than judicial, see
Canon 4 generally, Advisory Opinion No. 79 and Section 4 of the Compendium
of Selected Opinions (1997).