The Kentucky Judicial Campaign Conduct Committee recently
received a complaint from a judicial candidate alleging improper campaign
activity on the part of an opponent which involved the creation and maintenance
of a website, or the creation of an email with a link to the site.
The KJCCC is an independent, non-profit,
non-partisan group of interested citizens from all over Kentucky. It includes
people from both political parties and various walks of life, including civic
leaders, attorneys, non-lawyers and retired judges. The committee encourages
judicial candidates to sign a pledge to avoid false or misleading advertising
and other campaign tactics that impugn the integrity of the judicial system,
the integrity of a candidate, or erode public trust and confidence in the
independence and impartiality of the judiciary. A list of members is here.
In accordance with our rules of procedure, our committee
inquired of the candidate against whom the complaint was made. After fully
considering the response, in which the candidate denied any involvement, and
being unable to determine ownership of the website because it is hosted on a
commercial server, the KJCCC has insufficient evidence to support a finding
that the respondent had any knowledge of the creation and maintenance of the
website.
Since the committee finds no evidence of improper campaign
activity on the part of a judicial candidate, it is not disclosing the names of
either party in this complaint. Both candidates signed a Campaign Agreement
with the Committee pledging to campaign according to the Kentucky Code of
Judicial Conduct and disavow advertising that uses false or misleading information
or accusations to impugn the integrity of a candidate, or erode public trust
and confidence in the independence and impartiality of the judiciary.
Since the complaint is a matter of first impression for the
committee, we do take this opportunity to discourage strongly any attempt by
judicial candidates to be involved anonymously in the use of entities that are
represented as independent but are connected to the candidate. While fully
supportive of free and open elections, the KJCCC urges judicial candidates to
conduct campaigns that are committed to upholding the integrity of the
judiciary.
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