Rule 15. Public Office and Political Activity.

 A.  Magisterial district judges shall not hold another office or position of profit in the government of the United States, the Commonwealth or any political subdivision thereof, except in the armed services of the United States or the Commonwealth.

 B.  Magisterial district judges or a candidate for such office shall not:

   (1)  hold office in a political party or political organization or publicly endorse candidates for political office.

   (2)  engage in partisan political activity, deliver political speeches, make or solicit political contributions (including purchasing tickets for political party dinners or other functions) or attend political or party conventions or gatherings, except as authorized in subdivision C of this rule. Nothing herein shall prevent magisterial district judges or candidates for such offices from making political contributions to a campaign of a member of their immediate family.

 C.  Magisterial district judges or candidates for such offices may in the year they run for office, attend political or party conventions or gatherings, speak to such gatherings or conventions on their own behalf, identify themselves as members of a political party, and contribute to their own campaign, a political party or political organization (including purchasing tickets for political party dinners or other functions).

 D.  With respect to their campaign conduct, magisterial district judges or candidates for such office shall:

   (1)  maintain the dignity appropriate to judicial office, and shall encourage members of their family to adhere to the same standards of political conduct that apply to them.

   (2)  prohibit public officials or employes subject to their direction or control from doing for them what they are prohibited from doing under this rule; and except to the extent authorized under subdivision D(4) of this rule shall not allow any other person to do for them what they are prohibited from doing under this rule.

   (3)  not make pledges or promises of conduct in office other than the faithful and impartial performance of the duties of the office; make statements that commit the candidate with respect to cases, controversies or issues that are likely to come before the court; or misrepresent their identity, qualifications, present position, or other fact.

   Commentary: The United States Supreme Court in Republican Party of Minnesota v. White, 122 S. Ct. 2528 (2002) concluded that a canon of judicial conduct prohibiting judicial candidates from ‘‘announcing their views on disputed legal or political issues’’ is violative of the First Amendment of the United States Constitution.

   (4)  not themselves solicit or accept campaign funds, or solicit publicly stated support, but they may establish committees of responsible persons to secure and manage the expenditure of funds for their campaign and to obtain public statements of support for their candidacy. Such committees are not prohibited from soliciting campaign contributions and public support from lawyers. Candidates’ committees may solicit funds for their campaign no earlier than thirty (30) days prior to the first day for filing nominating petitions, and all fundraising activities in connection with such campaign shall terminate no later than the last calendar day of the year in which the election is held. Candidates should not use or permit the use of a campaign contribution for the private benefit of themselves or members of their family.

 E.  Magisterial district judges shall resign their office when they become candidates either in a party primary or in a general election for a non-judicial office.

   Official Note

   This rule is derived from former Rule 15 and from Canon 7 of the American Bar Association and Pennsylvania Supreme Court Code of Judicial Conduct. This rule prohibits only political activity that is partisan in nature and consequently there is no objection to magisterial district judges becoming engaged in political activity of a public service nature, such as, for example, political activity in behalf of measures to improve the law, the legal system or the administration of justice.

   The provisions of this Rule 15 amended through November 21, 1975, 5 Pa.B. 3020; amended November 9, 1998, effective January 1, 1999, 28 Pa.B. 5850; order amended November 24, 1998, 28 Pa.B. 6069; amended November 21, 2002, effective immediately, 32 Pa.B. 5951; amended August 8, 2008, effective immediately, 38 Pa.B. 4353. Immediately preceding text appears at serial pages (319853) and (316007) to (316008).