A judge or judicial candidate shall refrain from

inappropriate political activity. (1g) Terminology. In this section, “judge” has the meaning given in SCR 60.01(8), except that in subs. (1m), (2), and (4), “judge” does not include a court commissioner or a municipal judge who did not devote 40 or more hours to the performance of his or her official duties in the preceding calendar year. (1m) Candidate for Office. A judge shall not become a candidate for a federal, state, or local nonjudicial elective office without first resigning his or her judgeship. A judge’s eligibility to serve may be governed by other rules or constitutional provisions. COMMENT Article VII, section 10 (1) of the Wisconsin Constitution provides, “No justice of the supreme court or judge of any court of record shall hold any other office of public trust, except a judicial office, during the term for which elected.” See Wagner v. Milwaukee County Election Comm’n, 2003 WI 103, 263 Wis. 2d 709, 666 N.W.2d 816. (2) Party membership and activities. (a) Individuals who seek election or appointment to the judiciary may have aligned themselves with a particular political party and may have engaged in partisan political activities. Wisconsin adheres to the concept of a nonpartisian judiciary. A candidate for judicial office shall not appeal to partisanship and shall avoid partisan activity in the spirit of a nonpartisan judiciary. (b) No judge or candidate for judicial office or judge-elect may do any of the following: 1. Be a member of any political party. 2. Participate in the affairs, caucuses, promotions, platforms, endorsements, conventions, or activities of a political party or of a candidate for partisan office. 3. Make or solicit financial or other contributions in support of a political party's causes or candidates. 4. Publicly endorse or speak on behalf of its candidates or 255 platforms. (c) A partisan political office holder who is seeking election or appointment to judicial office or who is a judge-elect may continue to engage in partisan political activities required by his or her present position. (d) 1. Paragraph (b) does not prohibit a judge, candidate for judicial office or judge-elect from attending, as a member of the public, a public event sponsored by a political party or candidate for partisan office, or by the campaign committee for such a candidate. 2. If attendance at an event described in subd. 1. requires the purchase of a ticket or otherwise requires the payment of money, the amount paid by the judge, candidate for judicial office, or judge-elect shall not exceed an amount necessary to defray the sponsor's cost of the event reasonably allocable to the judge's, candidate's, or judge- elect's attendance. (e) Nothing in this subsection shall be deemed to prohibit a judge, judge-elect, or candidate for judicial office, whether standing for election or seeking an appointment, from appearing at partisan political gatherings to promote his or her own candidacy. COMMENT The rule prohibits political party membership and activities by judges, nonincumbent candidates for judicial office, and judges-elect. When one becomes a candidate for judicial office is determined by the terms of SCR 60.01 (2) which defines "candidate" as "a person seeking selection for or retention of a judicial office by means of election or appointment who makes a public announcement of candidacy, declares or files as a candidate with the election or appointment authority, or authorizes solicitation or acceptance of contributions." The rule prohibits judicial candidates and judges-elect as well as judges from making or soliciting contributions to the party or its candidates and from publicly endorsing or speaking on behalf of partisan candidates or platforms. Although the continuance of nonpartisanship on the part of Wisconsin judges and those seeking judicial office, judges are not expected to lead lives of seclusion. As members of the public and as public officeholders, judges may attend public events, even those sponsored by political parties or candidates, so long as the attendance does not constitute the kind of partisan activity prohibited by this rule. The judge, judicial candidate or judge-elect is responsible for so conducting herself or himself that her or his presence at the sponsored event is not made to appear as an endorsement or other prohibited political activity. The judge, judicial candidate, or judge-elect should also exercise care that the price of his or her ticket to any such event does not include a prohibited political contribution. the rule contemplates (3) Campaign Conduct and Rhetoric. (a) In General. While holding the office of judge or while a candidate for judicial office or a judge-elect, every judge, candidate for judicial office, or judge-elect should maintain, in campaign 256 conduct, the dignity appropriate to judicial office and the integrity and independence of the judiciary. A judge, candidate for judicial office, or judge-elect should not manifest bias or prejudice inappropriate to the judicial office. Every judge, candidate for judicial office, or judge- elect should always bear in mind the need for scrupulous adherence to the rules of fair play while engaged in a campaign for judicial office. COMMENT This subsection is new. It states a rule generally applicable to judges, candidates for judicial office, and judges-elect (b) Promises and commitments. A judge-elect, or candidate for judicial office shall not make or permit or authorize others to make on his or her behalf, with respect to cases, controversies, or issues that are likely to come before the court, pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of the office. judge, COMMENT This section prohibits a candidate for judicial office from making statements that commit the candidate regarding cases, controversies or issues likely to come before the court. A judge or candidate for judicial office may not, while a proceeding is pending or impending in the court to which selection is sought, make any public comment that may reasonably be viewed as committing the judge, judge-elect or candidate to a particular case outcome. As a corollary, a candidate should emphasize in any public statement the candidate's duty to uphold the law regardless of his or her personal views. This section does not prohibit a candidate from making pledges or promises respecting improvements in court administration. Nor does this section prohibit an incumbent judge from making private statements to other judges or court personnel in the performance of judicial duties. This section applies to any statement made in the process of securing judicial office, such as statements to commissions charged with judicial selection. (c) Misrepresentations. A candidate for a judicial office shall not knowingly or with reckless disregard for the statement's truth or falsity misrepresent the identity, qualifications, present position, or other fact concerning the candidate or an opponent. A candidate for judicial office should not knowingly make representations that, although true, are misleading, or knowingly make statements that are likely to confuse the public with respect to the proper role of judges and lawyers in the American adversary system. 257 COMMENT This subsection is new. The first sentence is based on the August 2003 amendments to the ABA model code of conduct. The second sentence is aspirational. Thus, "should" is used rather than "shall." The remaining standards are mandatory and prohibit candidates from knowingly or with reckless disregard for the truth making various specific types of misrepresentations. Candidates are not responsible for misrepresentations or misleading statements made by third parties not subject to the control of the candidate, e.g., through independent expenditures by interest groups. lawful campaign contributions from (4) Solicitation and Acceptance of Campaign Contributions. A judge, candidate for judicial office, or judge-elect shall not personally solicit or accept campaign contributions. A candidate may, however, establish a committee to solicit and accept lawful campaign contributions. The committee is not prohibited from soliciting and accepting lawyers, other individuals or entities even though the contributor may be involved in a proceeding in which the judge, candidate for judicial office, or judge-elect is likely to participate. A judge or candidate for judicial office or judge-elect may serve on the committee but should avoid direct involvement with the committee's fundraising efforts. A judge or candidate for judicial office or judge-elect may appear at his or her own fundraising events. When the committee solicits or accepts a contribution, a judge, candidate for judicial office, or judge-elect should also be mindful of the requirements of SCR 60.03 and 60.04(4); provided, however, that the receipt of a lawful campaign contribution shall not, by itself, warrant judicial recusal. COMMENT Under longstanding Wisconsin law, a judicial candidate may not personally solicit or accept campaign contributions. However, a judicial candidate may form and rely upon a campaign committee to solicit and accept contributions for the judicial campaign. Lawyers, other individuals, and entities are not excluded from this process merely because committee members or contributors may be involved in proceedings in which the judge is likely to participate. The solicitation of contributions from participants in judicial proceedings is always a matter requiring close, careful attention. Campaign committees should be sensitive to the existence of pending litigation, the proximity of judicial elections, and the wording of campaign solicitations to avoid the appearance of promise or pressure. A judge should avoid having his or her name listed on another's fundraising solicitation even when the listing is accompanied with a disclaimer that the name is not listed for fundraising purposes. 258 Acknowledgement by a judge or candidate for judicial office of a contribution in a courtesy thank you letter is not prohibited. (5) Solicitation and Acceptance of Endorsements. A judge or candidate for judicial office may solicit or accept endorsements supporting his or her election or appointment personally or through his or her committee. A judge, candidate for judicial office, or his or her committee is not prohibited from soliciting and accepting endorsements from lawyers and others. A judge or candidate for judicial office shall not knowingly personally solicit or accept endorsements from parties who have a case pending before the court to which election or appointment is sought. Nevertheless, a judge or judicial candidate may personally solicit or accept endorsements from the types of organizations that ordinarily make recommendations for selection to the office. In soliciting or accepting an endorsement, a judge or candidate for judicial office should be mindful of the requirements of SCR 60.03 and 60.04 (4). COMMENT This subsection is new. In light of the restrictions on campaign rhetoric under SCR 60.06 (3), the receiving of endorsements is an important method of informing the electorate of broad-based and presumably informed support for a particular candidacy. Knowing solicitation and acceptance of endorsements from current litigants are prohibited. Candidates for judicial office may solicit and accept endorsements from entities that regularly endorse candidates, such as newspapers and trade organizations. Neither culling nor cross-checking of names on mailing lists or dockets is required. 60.07 Applicability. (1) General. Subject to sub. (2), all judges shall comply with this chapter. Candidates for judicial office and judges-elect shall comply with SCR 60.06. (2) Part-time Judicial Service. A judge who serves on a part- time basis, including a reserve judge, a part-time municipal judge or a part-time court commissioner, is not required to comply with the following: SCR 60.05 (3) (a), (b) and (c) 1b., 2.a, and c., (4) (a) 1.b., (b) (c), (d) and (e), (5), (6), (7) and (8). All circuit court commissioners appointed under SCR 75.02 (1) and those supplemental court commissioners authorized under SCR 75.02 (3) who have performed 40 hours or more of circuit court commissioner duties during the preceding calendar year shall comply with SCR 60.05 (8). 259 COMMENT Candidates for judicial office and judges-elect are subject to the requirements of SCR 60.06. Amended January 16, 1985; April 29, 1985; May 11, 1994; November 17, 1994; July 1, 1996; December 20, 1996; April 6, 2001; November 14, 2001, October 29, 2004, January 1, 2007; July 7, 2010, May 22, 2012; July 1, 2014; February 25, 2019. 260 SCR CHAPTER 60 CODE OF JUDICIAL CONDUCT APPENDIX A. Rules of the Judicial Conduct Advisory Committee (1) Membership. A judicial conduct advisory committee consisting of nine members appointed by the supreme court is created. Six members of the committee shall be selected from the judiciary of this state, one member shall be selected from the court commissioners serving the circuit court, one member shall be selected from attorneys licensed to practice law in this state, and one member shall be selected from the public. One judge member shall be a chief judge of a judicial administrative district, one judge member shall be a judge of the court of appeals, one judge member shall be a circuit judge or a reserve judge who serves regularly on an urban area court, one judge member shall be a circuit judge or a reserve judge who serves regularly on a rural area court, one judge member shall be a municipal judge, and one judge member shall be a reserve judge. Members shall serve for a term of three years and shall continue to serve until a successor is appointed, except that, to achieve staggered terms, three of the members first appointed, shall serve for one year, three members for two years, and three members for three years. A member may serve not more than two successive three-year terms. Appointments to fill a vacancy shall be for the balance of the term vacated. Members of the committee shall serve without compensation but shall be reimbursed for expenses actually and necessarily incurred in the performance of their duties. (2) Duties. The committee shall do the following: (a) Render formal advisory opinions and give informal advice concerning the compliance of contemplated or proposed future conduct with the code of judicial conduct, provided that an opinion or advice shall not be rendered on a matter known to be the subject of a past or pending litigation, disciplinary proceeding, or investigation. (b) Make recommendations to the supreme court for amendment to the code of judicial conduct or the rules governing the committee. (c) activities. Each year submit to the supreme court a report of its (3) Administration. The committee shall be administered 261 under the direction of a chair appointed by the supreme court. The supreme court shall also appoint a vice chair who shall assume the responsibilities of the chair in the event the chair is unable to act for a period longer than five business days. The chair and vice chair shall each serve for a term of one year and may serve not more than two successive terms. Staff of the director of state courts office shall be available to answer inquiries concerning committee procedures, to receive and process requests for formal advisory opinions, to maintain committee records, and to provide other staff assistance as appropriate. (4) Requests for opinion or advice. Formal advisory opinions and informal advice may be requested by a judge or a candidate for judicial office about his or her own contemplated or proposed future conduct. A request for a formal advisory opinion shall be submitted in writing and include a detailed statement of all relevant facts and circumstances, a discussion of the issues presented in the request, and references to the relevant provisions of the code of judicial conduct, advisory opinions, case law, and other authority the requestor has consulted in the matter. A request for informal advice may be made orally or in writing to any member of the committee. The identity, organizational affiliation, and geographic location of a person requesting a formal advisory opinion or informal advice shall be confidential. (5) Consideration of requests. The committee shall determine whether a request for a formal advisory opinion should be resolved with a written, published opinion or by letter or other communication. A formal advisory opinion shall be decided by a majority vote of the committee. The committee may confer in person, by correspondence or by telephone or other electronic means as needed to conduct committee business and consider requests for formal advisory opinions. The committee shall maintain records of its determinations and formal advisory opinions. (6) Formal advisory opinion. Formal advisory opinions shall be edited to omit the names of persons, courts, places and any other information that may tend to identify the requestor or any other person. Before issuing a formal advisory opinion, the committee shall provide a copy of the opinion to the requestor, and the requestor may ask the committee to omit from its specified information that may tend to identify the requestor or any other person. In the event necessary editing produces an opinion that the committee determines is not 262 meaningful, the committee may determine that a formal advisory opinion not be published and distribute it only to the requestor. (7) Opinion distribution. Except as provided in sub. (6), a formal advisory opinion shall be distributed to the requestor, the justices and clerk of the supreme court, the chief judge of the court of appeals, the chief judges of the judicial administrative districts in this state, the director of state courts, the state law library, and the state bar of Wisconsin. Formal advisory opinions shall be accumulated and distributed to all judges at least annually by the office of the director of state courts. (8) Reconsideration. Within 30 days after the distribution of a formal advisory opinion to all judges, a person authorized to request an opinion may ask the committee to reconsider the formal advisory opinion by submitting a written request for reconsideration explaining the basis for the request. The committee shall respond to the request by reaffirming or revising the formal advisory opinion or by denying the request. The committee may, on its own motion, reconsider a formal advisory opinion at any time. A revised formal advisory opinion shall be distributed as provided in sub. (7). in their (9) Effect of opinion or advice. (a) A formal advisory opinion shall not be binding upon the Wisconsin judicial commission or the supreme court judicial discipline the exercise of responsibilities. The fact that a judge or candidate for judicial office has requested and relied upon a formal advisory opinion should be taken into account by the Wisconsin judicial commission in its disposition of complaints and in determining whether to file a formal complaint with the supreme court. If a judge or candidate for judicial office has requested and received a formal advisory opinion, compliance of the judge or the candidate for judicial office with that opinion shall constitute evidence of a good faith effort to comply with the code of judicial conduct in a judicial disciplinary proceeding based, in whole or in part, on the conduct for which the opinion was requested. (b) Reliance of a judge or candidate for judicial office on informal advice given by the committee or by any of its members may not constitute evidence of a good faith effort to comply with the code of judicial conduct. (10) Confidentiality. With the exception of published formal advisory opinions, all opinions, inquiries, replies, circulated drafts, records, documents, files, communications with staff, and proceedings 263 of the committee shall be confidential. Confidentiality does not apply if the person requesting the formal advisory opinion or informal advice expressly waives confidentiality in writing or relies on the opinion or advice in a judicial disciplinary proceeding. Notwithstanding any waiver, committee deliberations shall be confidential. (11) Immunity. Members of the committee shall be immune from liability for any conduct relating directly or indirectly to their duties for the committee. When acting in their advisory capacity, the judge members of the committee shall be exempt from the provisions regarding disciplinary responsibilities in the code of judicial conduct and the attorney members of the committee shall be exempt from the provisions regarding reporting misconduct in the rules of professional conduct for attorneys. B. Procedures of the Judicial Conduct Advisory Committee (1) Request for formal advisory opinions. A request for a formal advisory opinion shall be in writing and shall be addressed to the chair of the committee. The requestor shall also send a copy of the request to the director of state courts. The request shall include a detailed statement of all relevant facts and circumstances, a discussion of the issues presented in the request, and references to the relevant provisions of the code of judicial conduct, advisory opinions, case law, and other authority the requestor has consulted in the matter. The identity, organizational affiliation, and geographic location of a person requesting a formal advisory opinion shall be confidential. (2) Consideration of Request. (a) The chair of the committee shall assign requests for formal advisory opinions in rotation to committee members for research and preparation of preliminary recommendations and draft opinions. If the information provided in the request is insufficient in detail to enable the committee to render a formal advisory opinion, the committee shall request supplemental information from the requestor to enable it to render a formal advisory opinion. If the requested supplemental information is insufficient or is not provided within 10 days of the request, the committee shall so state in a letter to the requestor and shall not render a formal advisory opinion. (b) Within 30 days after receipt of the assignment of the request or receipt of sufficient supplemental information, if requested, the member to whom the request is assigned shall circulate to all committee members a preliminary recommendation and draft opinion. Prior to 264 circulation of a preliminary recommendation and draft opinion, the member to whom the request is assigned may consult with other committee members. (c) Within 15 days after receipt of the preliminary recommendation and draft opinion, committee members shall circulate to all other committee members any comments on the recommendation and opinion. Within the same 15-day period any committee member may also request that a discussion of the preliminary recommendation and draft opinion be held. If a majority of the committee determines that a discussion is needed, the committee shall have a discussion of the matter within 30 days after the committee determined a discussion was needed. (d) The committee may consider requests for formal advisory opinions and opinion drafts in person, by telephone, by facsimile transmission, by mail, or by any other electronic means. (e) 1. Within 20 days of whichever of the following dates is applicable, the committee member to whom the request has been assigned shall circulate a final draft opinion to the committee members: a. If no request for discussion is made or if a request is not agreed to by the committee, the last day for comment on the preliminary recommendation and draft opinion under par. (c). b. If a request for discussion is agreed to by the committee, the date of discussion on the matter under par. (c). 2. Formal advisory opinions shall be decided by a majority vote of the committee within 10 days after circulation of the final draft opinion. (f) Where appropriate, the committee may respond to a request for a formal advisory opinion by referring the requestor to a prior formal advisory opinion and by so doing need not issue a new formal advisory opinion. (3) Form of Opinion. Prior to issuance, a formal advisory opinion shall be edited to omit the names of persons, courts, places and any other information that may tend to identify the requestor or any other person. The committee shall provide a copy of the proposed opinion to the requestor, and within 10 days of receipt, the requestor may ask that specified information be omitted from it that may tend to identify the requestor or any other person. A formal advisory opinion shall include a statement that it does not purport to address the provisions of the Code of Ethics for Public Officials and Employees, 265 subch. III of ch. 19, stats. (4) Issuance and Distribution of Formal Advisory Opinion. Upon approval of a majority of the committee, a formal advisory opinion shall issue in written form sent to the director of state courts office. The director of state courts office shall send a copy of the formal advisory opinion to the requestor, the justices and the clerk of the supreme court, the chief judge of the court of appeals, the chief judges of the judicial administrative districts, the state law library and the State Bar of Wisconsin. The director of state courts office shall retain a copy of each formal advisory opinion and accumulate and distribute at least annually to all judges a copy of each formal advisory opinion issued by the committee. The director of state courts office shall maintain the records of the committee's determinations and formal advisory opinions. (5) Reconsideration. (a) Within 15 days after receipt of a formal advisory opinion, the requestor may request in writing to the committee that it reconsider the opinion, explaining the basis for that request. Within 10 days after receipt of a request for reconsideration from the requestor, the committee shall respond by granting the request and approving or revising the opinion or by denying the request. Upon granting a request for reconsideration, the committee shall consider the matter as set forth in sec. (2). (b) Within 30 days after distribution of a formal advisory opinion to all judges, a person authorized to request an opinion may request in writing to the committee that it reconsider the opinion, explaining the basis for that request. The committee shall respond as set forth in sub. (a). (c) The committee may, on its own motion, reconsider a formal advisory opinion at any time. (d) A revised formal advisory opinion shall be issued and distributed as provided in sec. (4). (6) Requests for Informal Advice. Requests for informal advice on the interpretation and application of the code of judicial conduct to specific factual situations may be submitted in writing to the chair of the committee or communicated in person or by telephone to any member of the committee. Any member of the committee may respond to the request for informal advice. Reliance on informal advice may not constitute evidence of a good faith effort to comply with the code of judicial conduct. 266 Adopted March 7, 1997; Amended June 18, 1997; September 25, 2000; April 26, 2001; January 23, 2002; June 18, 2018, February 25, 2019. 267