Neb. Sup. Ct. R. 5-304.2

As amended through October 23, 2024

Section 5-304.2 - Political and campaign activities of judicial candidates in public elections

(A) A judicial candidate* in a retention 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 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 4.4, 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 4.4, that the candidate is prohibited from doing by Rule 4.1.

(B) A candidate for retention election may, unless prohibited by law,* when the judge's candidacy has drawn active opposition:

(1) establish a campaign committee pursuant to the provisions of Rule 4.4;

(2) speak on behalf of his or her candidacy through any medium, including but not limited to advertisements, websites, or other campaign literature;

(3) [Reserved];

(4) attend or purchase tickets for dinners or other events sponsored by a political organization* or a candidate for public office; and

(5) seek, accept, or use endorsements from any person or organization other than a political organization.

(6) [Reserved.]

(C) [Reserved.]

Neb. Sup. Ct. R. 5-304.2

COMMENT

[1] Paragraph (B) permits judicial candidates in retention elections to engage in some political and campaign activities otherwise prohibited by Rule 4.1. Candidates may not engage in these activities before the judge's candidacy has drawn active opposition.

[2] Despite paragraph (B), judicial candidates for retention election remain subject to many of the provisions of Rule 4.1. For example, a candidate continues to be prohibited from soliciting funds for a political organization, knowingly making false or misleading statements during a campaign, or making certain promises, pledges, or commitments related to future adjudicative duties. See Rule 4.1, paragraphs (A)(4), (A)(11), and (A)(13).

[3] [Reserved.]

[4] In retention elections, paragraph (B)(5) prohibits a candidate from seeking, accepting, or using nominations or endorsements from a political organization.

[5] Judicial candidates are permitted to attend or purchase tickets for dinners and other events sponsored by political organizations.

[6] [Reserved.]

[7] [Reserved.]