On Judicial Endorsements

Dear Editor,

On November 16, 2023, the Mountain Messenger published an article under the heading: “Commissioner LaChance Runs for Sierra County Judge Seat.” This article misstates what is directed by the California Code of Judicial Ethics.

In the article, a question is posed along with a response attributed to Commissioner LaChance: “Has Ervin endorsed LaChance? Great question! After asking the Commissioner about this, it made sense when he explained that even asking for Ervin’s endorsement wouldn’t be appropriate or ethical. We get it.” This assertion implies that it would be inappropriate or unethical for the presiding judge of the Sierra County Superior Court to endorse a judicial candidate for the court’s vacant judge seat.

To set the record straight, the Code of Judicial Ethics states the opposite. Canon 5 of the Code of Judicial Ethics is titled: “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.” Under the Canon 5A Political Organizations heading, it states: “Judges and candidates for judicial office shall not... (2) make speeches for a political organization or candidate for nonjudicial office, or publicly endorse or publicly oppose a candidate for nonjudicial office.” The Advisory Committee Commentary to this provision states: “Under this canon, a judge may publicly endorse or oppose a candidate for judicial office. Such positions are permitted because judicial officers have a special obligation to uphold the integrity, impartiality, and independence of the judiciary and are in a unique position to know the qualifications necessary to serve as a competent judicial officer.”

The Code of Judicial Ethics is clear that the presiding judge of the Sierra County Superior Court may appropriately and ethically endorse or oppose a judicial candidate. The presiding judge of Sierra County Superior Court is in a unique position to know the qualifications necessary to serve as a judge in the Sierra County Superior Court and may honor the special obligation to uphold the integrity, impartiality, and independence of the judiciary by endorsing or opposing a judicial candidate.

Respectfully submitted,

Charles H. Ervin

Presiding Judge

Sierra County Superior Court

Editor’s note: After reaching out for comment, Commissioner LaChance gave the following response.

“Judge Ervin is absolutely correct in that he can legally endorse a candidate. What I had indicated in the interview was that I didn’t feel it was appropriate to ask for his endorsement as I didn’t want to put him in an awkward position since he would ultimately work with whoever wins, regardless of who he endorses. At the time I reached out to him about the election, I did not believe it was appropriate to ask for his endorsement in a small court with only two judges. Since I am currently endorsed by 25 judges from surrounding counties, as well as by Sierra County’s Visiting Judge Jane York Punneo, I am well aware that it is legal for judges to endorse judicial candidates. I was simply trying to be sensitive to the politics within this community.”