Judicial Election Campaign Advertising Agreement

by Wisconsin Judicial Campaign Integrity Committee

I agree to conduct my campaign advertising in accordance with the provisions of this Agreement:

WHEREAS, the Code of Judicial Conduct, SCR 60.06 states broadly that, “[a] judge or judicial candidate shall refrain from inappropriate political activity,” and

WHEREAS, more specifically, SCR 60.06(3) addresses certain “campaign conduct and rhetoric” and proscribes any false statements and certain misrepresentations during the course of judicial campaigns; and

WHEREAS, the need for a mechanism to dissuade persons from inappropriate advertising is accentuated by the growing trend toward misleading advertising in judicial campaigns; and

WHEREAS, the Wisconsin Judicial Campaign Integrity Committee (the “Committee”) is charged with reviewing judicial advertising, as defined in the Regulations and Procedures for the Committee, in all elections for seats on the Wisconsin Supreme Court; and

WHEREAS, the Agreement promulgated by the Committee is not designed nor intended to infringe upon the freedom of expression and/or association of judicial candidates under the First Amendment, United States Constitution; and

WHEREAS, there is no purpose or intention to go beyond the balance struck in the Code of Judicial Conduct between protected and unprotected speech; and

WHEREAS, the foremost concern reflects a widely shared view that judicial elections are in important respects different from elections where a persons seeks an executive or legislative office; and

WHEREAS, elected judges cannot be viewed as “representatives” in the same sense as non-judicial officials are commonly regarded; and

WHEREAS, the Code of Judicial Conduct requires judges and justices to administer justice to all in a nonpartisan manner; to be arbiters of conflict, not spokespersons for the varying interests of certain political or demographic constituencies; and to be fair and impartial; and

WHEREAS, judicial candidates should aspire to an appropriate standard of conduct.

NOW, THEREFORE:

1. I agree to familiarize myself with, and to conduct my campaign in accordance with, all applicable state laws, including the Code of Judicial Conduct.
2. I agree to be personally responsible for the content of all statements and campaign materials relating to my judicial campaign issued by me or my campaign committee, including newspaper, radio or television advertising, website or other electronic communication, press releases, brochures, fliers, sample ballots, yard signs or other printed material.
3. I agree that the Code of Judicial Conduct contains minimal rules relating to campaign conduct which prohibit the making or distribution of false or misleading statements. In particular, I acknowledge that in some circumstances the omission of relevant information could make an otherwise truthful statement either misleading or unfair.
4. I acknowledge that the Code of Judicial Conduct, SCR 60.04(1)(j), precludes an incumbent judge from commenting on pending cases.
5. I agree, based upon my personal examination of judicial advertisements, to publicly disavow advertisements that impugn the integrity of the judicial system; falsely or unfairly impugn the integrity of a candidate for the Supreme Court; or erode public trust and confidence in the independence and impartiality of the judiciary by verbally or visually attempting to lead voters to believe that a candidate will decide issues or cases in a predetermined manner.
6. I agree to submit copies of this fully executed agreement to my campaign committee.