Ruling sought on gag order covering judicial candidates

Friday, June 25, 2004 | 10:42 a.m.

CARSON CITY -- The secretary of state's office is uncertain whether it has authority to make a change in the rules that would allow candidates for the judicial offices in Nevada to talk about cases and how they might rule on them.

Renee Parker, chief deputy secretary of state, asked Attorney General Brian Sandoval today whether the state office has jurisdiction over the Code of Judicial Conduct and its canons.

A group called Nevadans' Judicial Information Committee earlier this week asked the secretary of state to petition the attorney general for a legal opinion on changing the code to eliminate the so-called "gag order" on candidates for the Nevada Supreme Court, District Court and other courts.

The secretary of state's office is in charge of election.

Parker said the judicial canon prohibits candidates for judicial office from making statements that appear to be commitments regarding cases, controversies or issues that may come before the court.

The U.S. Supreme Court in 2002 issued a ruling in a Minnesota case that struck down a similar canon.

"Because we do not enforce or have any other authority over the Code of Judicial Conduct and its canons, we are seeking guidance from you as to whether it would be appropriate for our office to request such an opinion, and, if not, which agency would be the appropriate contact for our constituent." Parker said in her letter to the attorney general.

The Nevada Supreme Court sets the rules of conduct for judicial offices.