Colo. Code Jud. Conduct R. 4.2

Who is a Candidate for Retention

(A) A judicial candidate* in a retention public election* shall:

(1) act at all times in a manner consistent with the independence,* integrity,* and

impartiality* of the judiciary;

(2) comply with all applicable federal and state election, election campaign, and

election campaign fund-raising laws and regulations;

(3) review and approve the content of all campaign statements and materials produced

by the candidate or his or her campaign committee, as authorized by Rule 4.3, before their

dissemination; and

(4) take reasonable measures to ensure that other persons do not undertake on behalf

of the candidate activities, other than those described in Rule 4.3, that the candidate is

prohibited from doing by Rule 4.1.

ETHICS OPINIONS

The Colorado District Judges’ Association

(‘‘Association’’) may hire a public information

officer (‘‘PIO’’) to convey general information

to the public and discrete information, like issues impacting trial judges and trial courts, to

news media. Subject to the limits set forth in the

Code of Judicial Conduct (‘‘Code’’), the PIO

may also appear before deliberative bodies to

advocate positions designed to improve the welfare of trial courts and staff, the legal system,

and the administration of justice. If a judge

faces active opposition and is a candidate for

retention, the PIO may also help that judge

formulate a response to such opposition.

Though the PIO may not be subject to the

requirements of the Code, the Association’s

members in general, and especially its elected

officers, are responsible for ensuring that the

PIO’s conduct and statements comply with the

Code. Colo. J.E.A.B. Ad. Op. 19-01.

Judges standing for retention may not appear

on a television program in which a representative of the League of Women V oters would ask

them questions to help provide viewers with

more information about whether or not the

judges should be retained. Viewers might reasonably expect that the judge was seeking an

approval vote and might therefore understand

that the judge is engaging in campaign activity.

Colo. J.E.A.B. Op. 08-04.