How
to Use These Exercise
Meet the Characters
Elections and Political Activity
Important
Notice on Political Campaign Ethics Rules
There are several situations presented here, each
of which present multiple dilemmas for judicial candidates.
You may begin by selecting any of the following:
Each character has multiple decisions to make covering
a broad variety of ethical issues. The topics listed
under the table of contents define the areas more
precisely. You can also look at the Topical Index
for a detailed display of the areas covered in the
exercises. At any time you can choose a new topic,
select a resource, or return to the main interactive
training page from the table of contents.
We hope you find these exercises educational and
fun!
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One
of the most perilous ethical areas in a state that elects
its judges is election campaigning and fundraising.
Two entire rules of the Code of Judicial Conduct, SCRA §§21-700 and 21-800,
prescribe acceptable and unacceptable political conduct
during and between election campaigns. Sections of these
rules govern everything from public appearances to work
on behalf of political parties, from seeking appointment
to public office to accepting money from donors. The
Code prescribes enforcement mechanisms not only for
judges, but for their non-judicial and even non-attorney
opponents as well, in SCRA §21-900. The
Code of Judicial Conduct recognizes that judges must
campaign for office, raise campaign funds, and have
the opportunity to maintain their standing within
the political organizations that have often helped
them attain their office in the first place. On the
other hand, the Codes prohibitions are designed
to prevent the public from ever reasonably inferring
that judges' rulings could favor their political friends
or punish their opponents. While some of the Codes
limitations on campaign statements, party activity
and fundraising may seem severe, they are designed
to protect the integrity of the judicial process.
As with so much of the Code, the prohibitions contained
in these rules not only prevent actual abuses
of power for political motives, but even appearances
that judges rulings could favor political
allies. |