Also, there is currently pending before the Supreme Court a proposed amendment to the Code of Judicial Conduct. The new proposed Canon 7 may or may not address some of the concerns of the District Court Judge. The code does not directly address what is ethically acceptable when a candidate wishes to criticize a political opponent. Our Committee finds that in general it would be proper to criticize a political opponent when the criticism is truthful, pertinent and material to judicial office. We find it would also be improper to criticize a judge on any open case as the candidate could conceivably have to rule on the same case and, of course, the incumbent judge could not comment on a pending case.
Materials published in judicial polls are open to criticism by opponents.
Our Committee finds that details of an opponents procedural process could be ethically criticized. You may ethically point out your experience and expertise as a lawyer and indicate specific procedural measures that would save money to the system. A number of your questions relate to heresay information from lawyers. Our Committee feels that repeating heresay comments would be undignified since heresay is not admissible evidence. This would not prohibit you as a candidate from commenting on the results of the judicial poll or simply suggesting to the voters that if they wish to find out more about the candidates, they should ask a lawyer.