ACTIVITIES OF JUDGES SEEKING RETENTION IN OR APPOINTMENT TO JUDICIAL OFFICE

Code Comparison The Hawaiʻi Revised Code of Judicial Conduct modifies ABA Model Code Rule 4.3 by substituting “judges seeking retention in or appointment to judicial office” for “judicial candidates for appointive judicial office.” A judge seeking retention in or appointment to judicial office may: (a) communicate with the selecting, appointing, or confirming authority, including any selection, screening, or nominating commission or similar agency; and (b) seek endorsements for the appointment from any person or organization other than a partisan political organization. COMMENT: [1]When seeking support or endorsement, or when communicating directly with an appointing or confirming authority, a judge seeking retention in or appointment to judicial office must not make any pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of the office. See Rule 4.1(a)(13).