Canon 5: Applicability of the Code of Judicial Conduct to Judicial Candidates

“All judicial candidates are subject to Canon 1, Canon 2, Canon 4A-4D and Canon 7 of the Code of Judicial Conduct as applicable during a judicial campaign. A successful candidate, whether or not an incumbent, and an unsuccessful candidate who is a judge, are subject to judicial discipline for campaign misconduct. An unsuccessful candidate who is a lawyer is subject to lawyer discipline for judicial campaign misconduct.” Michigan Code of Judicial Conduct, Canon 5.

 

Disclaimer: The opinions in this chapter may involve more than one Canon of the Michigan Code of Judicial Conduct; however, only information relevant to MCJC 5 is featured in this chapter.

 

Engaging in misconduct involving alcohol/drugs.

•Driving while intoxicated. A judicial candidate “[f]ail[ed] to establish, maintain, enforce and personally observe high standards of conduct so that the integrity and independence of the judiciary may be preserved” contrary to MCJC 1; engaged in “[i]rresponsible or improper conduct which erodes public confidence in the judiciary” in violation of MCJC 2(A); engaged in “[c]onduct involving impropriety and the appearance of impropriety” in violation of MCJC 2(A); and “[f]ail[ed] to respect and observe the law and to conduct herself at all times in a manner which would enhance the public’s confidence in the integrity of the judiciary” contrary to MCJC 2(B). This conduct was made applicable to respondent, as a judicial candidate, by MCJC 5 when, while running for office, she was arrested on suspicion of driving while intoxicated and littering. In re McDonald, 503 Mich 1013, 1016 (2019). Following her election to the bench, she pled guilty to disorderly conduct - littering, with a plea agreement for a delayed sentence and dismissal upon successful completion of probation, and admitted to careless driving. Id (judge suspended for 45 days without pay).