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Tex. Code Jud. Conduct Canon 5

Refraining from Inappropriate Political Activity

activein force · 2026-06-12 – presentact-effective-date

(1) A judge or judicial candidate shall not:

(i) make pledges or promises of conduct in office regarding pending or i mpending cases,

specific classes of cases, specific classes of litigants, or specific propositions of law that would

suggest to a reasonable person that the judge is predisposed to a probable decision in cases

within the scope of the pledge;

(ii) knowingly or rec klessly misrepresent the identity, qualifications, present position, or

other fact concerning the candidate or an opponent; or

(iii) make a statement that would violate Canon 3B(10).

(2) A judge or judicial candidate shall not authorize the public use of his or her name

endorsing another candidate for any public office, except that either may indicate support for a

political party. A judge or judicial candidate may attend political events and express his or her

views on political matters in accord with this Canon and Canon 3B(10).

(3) A judge shall resign from judicial office upon becoming a candidate in a contested election

for a non-judicial office either in a primary or in a general or in a special election. A judge may

continue to hold judicial office while being a candidate for election to or serving as a delegate in

a state constitutional convention or while being a candidate for election to any judicial office.

(4) A judge or judicial candidate subject to the Judicial Campaign Fairness Act, Tex. Elec.

Code §253.151, et seq. (the “Act”), shall not knowingly commit an act for which he or she knows

the Act imposes a penalty. Contributions returned in accordance with Sections

253.155(e), 253.157(b) or 253.160(b) of the Act are not a violation of this paragraph.

(5) A judge or judicial candidate shall not knowingly make a false declaration on a statutorily

required application for a place on the ballot for any of the courts listed in Canon 6A(1).

History

COMMENT A statement made during a campaign for judicial office, whether or not prohibited by this Canon, may cause a judge’s impartiality to be reasonably questioned in the context of a particular case and may result in recusal. Consistent with section 253.1612 of the Texas Election Code, the Code of Judicial Conduct does not prohibit a joint campaign activity conducted by two or more judicial candidates. Subpart (5) Canon 5 is added to reflect new statutory requirements relating to applications for judicial office. See Tex. Elec. Code § 141.0311; Tex. Gov’t Code § 33.032(i).

Provenance

Source
txcourts.gov
Retrieved
2026-09-15
Edition
2026-09-14
Content hash
93338154b963ace2ff179c45be9ef84e1903db99de5c5b4afda15372d229c94b
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