The California Supreme Court Committee on Judicial Ethics Opinions has recently advised that judges facing campaign-related attacks on their rulings should exercise caution before defending their decisions publicly. This recommendation comes despite amendments to Canon 3B(9) of the Code of Judicial Ethics, which allow judges to respond to criticisms connected with recall or election campaigns. The committee’s draft formal opinion suggests that judges consider seeking assistance from law school faculty or bar associations rather than directly addressing the attacks themselves.
The amendments to Canon 3B(9) were introduced following the unprecedented recall of a Santa Clara County judge in 2020, which highlighted the intense scrutiny and political pressures that judicial figures can face. The guidelines outlined in the draft opinion aim to set prudent boundaries for judges on how to navigate such politically charged situations while maintaining the integrity and impartiality of the judiciary. Public comments on the draft are currently being sought by the committee, which can be found here.
Further details on this topic are available in the original article from The Recorder.