Alaska R. Prof'l. Cond. 8.2

As amended through December 18, 2024

Rule 8.2 - Judicial and Legal Officials

(a) A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.

(b) A lawyer who is a candidate for judicial office shall comply with the applicable provisions of Canon 5 of the Code of Judicial Conduct.

Alaska R. Prof'l. Cond. 8.2

SCO 1123 effective 7/15/1993; rescinded and repromulgated by SCO 1680 effective 4/15/2009

ALASKA COMMENT

ABA Model Professional Conduct Rule 8.2(b) declares that any lawyer who is a candidate for judicial office "shall comply with the applicable provisions of the Code of Judicial Conduct." But every judge standing for retention is a "lawyer who is a candidate for judicial office", at least as that phrase is defined in the Terminology section of the Alaska Code of Judicial Conduct. Thus, Model Rule 8.2(b) appears to say that if a judge standing for retention violates any provision of the Code of Judicial Conduct, this violation will also constitute a bar offense - because, for a sitting judge, every provision of the Code of Judicial Conduct is an "applicable provision".

The Committee concludes, from the COMMENT to Professional Conduct Rule 8.2(b), that Rule 8.2(b) was intended to make sure that lawyers who are not yet judges, but who are candidates for judicial office, abide by the applicable restrictions on political activity set forth in Canon 5 of the Code of Judicial Conduct. Rule 8.2(b) was not intended to make a current judge's violation of any other provision of the Code of Judicial Conduct a bar offense if the violation occurs while the judge is a "candidate for judicial office" - i.e. , while the judge is standing for retention.

COMMENT

[1] Assessments by lawyers are relied on in evaluating the professional or personal fitness of persons being considered for election or appointment to judicial office and to public legal offices, such as attorney general, prosecuting attorney and public defender. Expressing honest and candid opinions on such matters contributes to improving the administration of justice. Conversely, false statements by a lawyer can unfairly undermine public confidence in the administration of justice.

[2] When a lawyer seeks judicial office, the lawyer should be bound by applicable limitations on political activity.

[3] To maintain the fair and independent administration of justice, lawyers are encouraged to continue traditional efforts to defend judges and courts unjustly criticized.