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Judicial candidates warned about campaign content

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Candidates for judicial office should not use photographs of courtrooms in their campaign materials, and only incumbent judges should be depicted in judicial robes in campaign ads, according to an advisory opinion from the Indiana Commission on Judicial Qualifications.

The opinion released Thursday addressing Code of Judicial Conduct Canon 4 also advises that judicial candidates should avoid potentially misleading words and phrases in campaign slogans. For instance, a slogan such as “Elect Jones Circuit Court Judge” could be problematic if Jones isn’t an incumbent, because the phrasing implies Jones is a sitting judge.

The opinion, citing similar opinions and holdings from other states, also advises judges seeking a different judicial office to refrain from using “re-elect” in their campaign materials.

“The use of campaign photos featuring a judge wearing his or her black robes is subject to the same analysis as campaign slogans with regard to the potential to mislead voters,” the opinion says. “In general, incumbent judges who are running for re-election may wear their judicial robes in campaign advertisements without fear of misleading the public.

“However, non-incumbent judges should ensure the campaign material clearly conveys the role the judge currently holds, and judicial candidates who are not currently judges should avoid being pictured in judicial robes as it creates the misleading impression that the candidate already is a judge.”

Candidates and their campaign committees have a duty to ensure their campaign materials and practices comply with judicial canons.

“When preparing campaign materials, judges and judicial candidates always must be mindful of their duties to protect the integrity, independence, and impartiality of the judiciary,” the opinion says. “Inherent in this concept is the duty to avoid using the prestige of judicial office to promote one’s candidacy and the duty to be truthful in all communications with potential voters.”  


 

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  • Deception of a Candidate
    JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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