Opinion
ADM08-8004
12-31-2013
ORDER PROMULGATING AMENDMENTS TO THE MINNESOTA CODE OF JUDICIAL CONDUCT
The 2013 Legislature amended provisions of Minn. Stat. ch. 10A (2012), to alter or change the public reporting and campaign obligations for members of the judiciary under the Campaign Finance and Public Disclosure laws. Act of May 24, 2013, ch. 138. 2013 Minn. Laws 2353. The legislative amendments are effective for members of the judiciary upon enactment and for those persons "elected or appointed" to the judiciary on or after January 1, 2014. Act of May 24, 2013. ch. 138, art. 1, §56, art. 2, § 7, 2013 Minn. Laws 2353, 2375, 2378. The court invited comments on proposed amendments to the Minnesota Code of Judicial Conduct that would address the statutory requirements imposed by chapter 10A as amended. No comments were received.
IT IS HEREBY ORDERED THAT:
1. The attached amendments to the Minnesota Code of Judicial Conduct be, and the same are. prescribed and promulgated to be effective as of the date of filing of this order.
2. These amendments shall apply to all conduct on or after the effective date.
3. The Minnesota Code of Judicial Conduct, as amended, shall be posted on the website of the Board of Judicial Standards.
BY THE COURT:
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Lorie S. Gildea
Chief Justice
AMENDMENTS TO THE MINNESOTA CODE OF JUDICIAL CONDUCT
(In the following amendments, deletions are indicated by a line drawn through the words and additions by underlining)
CANON 3
A judge shall conduct the judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office.
* * * * RULE 3.15 Reporting Requirements
(A) In addition to any other reporting required by law, a A-judge shall publicly report, in the manner and time directed by this Rule, the source and amount or value of:
(1) compensation received for extrajudicial activities as permitted by Rule 3.12; and(B) When public reporting is required by paragraph (A), a judge shall report the date, place, and nature of the activity for which the judge received any compensation; and the description of any gift, loan, bequest, benefit, or other thing of value accepted.
(2) gifts and other things of value for which reporting is required by Rule 3.13(C).
(C) The public report required by paragraph (A) and fded as required by paragraph (D) shall be made annually.
(D) Reports made in compliance with this Rule shall be filed annually on or before the first day of May as public documents in the office of the State Court Administrator.
(E) Income from investments, including real or personal property, pension plans, deferred compensation plans, and other lawful sources where the judge does not render current or future service in exchange for the income is not extra-judicial compensation to the judge for purposes of the reporting required by this Rule.
CANON 4
A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.RULE 4.4 Campaign Committees
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(B) A judicial candidate subject to public election shall direct his or her campaign committee:* * * *
(1) to solicit and accept only campaign contributions in an amount allowed by lawnot to exceed, in the aggregate, $2,000 from any individual, entity, or organization in an election ycar-and $500 in a non election year;
(2) to comply with all applicable statutory requirements for reporting. disclosure, and divestiture of campaign contributions: and
(3) not to disclose to the candidate the identity of campaign contributors nor to disclose to the candidate the identity of those who were solicited for contribution and refused such solicitation. The candidate may be advised of aggregate contribution information in a manner that does not reveal the source(s) of the contributions.