RULE 8.2 JUDICIAL AND LEGAL OFFICIALS

Effective Date: 8/1/2006

(a) A lawyer shall not knowingly, or with reckless disregard as to its truth or falsity, make a false statement concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.

(b) A lawyer who is a candidate for judicial office shall comply with the applicable provisions of the code of judicial conduct.

Comment

[1] Assessments by lawyers are relied on in evaluating the professional or personal fitness of persons being considered for election or appointment to judicial office and to public legal offices, such as attorney general, prosecuting attorney and public defender. Expressing honest and candid opinions on such matters contributes to improving the administration of justice. Conversely, false statements by a lawyer can unfairly undermine public confidence in the administration of justice.

[2] When a lawyer seeks judicial office, the lawyer should be bound by applicable limitations on political activity.

[3] To maintain the fair and independent administration of justice, lawyers are encouraged to continue traditional efforts to defend judges and courts unjustly criticized.

Reference: Minutes of the Professional Conduct Subcommittee of the Attorney Standards Committee on 12/13/85 and 01/31/86: Minutes of the Joint Committee on Attorney Standards on 09/24/04, 04/08/05, 06/14/05.

Effective Date Obsolete Date
08/01/2006 View
12/13/1985 08/01/2006 View