28 (5) not make pledges or promises of conduct in office other than the faithful and impartial* performance of the duties of the office; announce how the judge would rule on any case or issue that might come before the judge; or misrepresent his or her identity, qualifications, present position, or other fact. (B) A judge who is a candidate* for retention in office shall abstain from any campaign activity in connection with the judge’s own candidacy unless there is active opposition to his or her retention in office. If there is active opposition to the retention of a candidate* judge: (1) the judge may speak at public meetings; (2) the judge may use advertising media, provided that the advertising media is within the bounds of proper judicial decorum; (3) a nonpartisan citizens’ committee or committees advocating the judge’s retention in office may be organized by others, either on their own initiative or at the request of the judge; (4) any committee organized pursuant to subsection (B)(3) may raise funds for the judge’s retention election campaign, but the judge shall not solicit funds personally or accept any funds except those paid to the judge by a committee for reimbursement of the judge’s retention election campaign expenses; and, (5) the judge shall not be advised of the source of funds raised by the committees. (6) the judge shall not knowingly,* or with reckless disregard for the truth, make any false or misleading statement; (7) the judge shall not make any statement that would reasonably be expected to affect the outcome or impair the fairness of a matter pending* or impending* in any court; or (8) the judge shall not in connection with cases, controversies, or issues that are likely to come before the court, make pledges, promises, or commitments that are inconsistent with the impartial* performance of the adjudicative duties of judicial office. Comment. — [1] Section 4.2 (B) allows judges seeking retention in office to engage in certain activities if there is active opposition to their retention. Active opposition is difficult to define, but is intended to include any form of public opposition. The term is meant to be broadly construed. [2] A judge may respond to unsolicited requests from non-partisan groups to provide general biographical information concerning the judge or the judge’s candidacy for retention. A judge may also provide, without request, general information pertaining to the retention and selection of judges and the general functions of the judiciary. [3] A judge is encouraged to educate the public about the role of the judiciary and the process of judicial selection. Any such educational efforts are not campaign activity.
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