How Should Surrogates Balance Need To Run for Office With Judicial Canons?

Many states elect judges who have to strike a tricky balance when running for office. Controversies often arise when elected judges accept contributions from parties who may regularly appear before them. In New Jersey, where all are judges are appointed (not that politics ever plays into that process), entanglements regarding balancing political engagement and serving on the bench seldom arise. The only judicial officers who must be elected are County Surrogates who act as judges in matters of probate, wills, estates, adoptions and incapacitated persons. In almost no easily contrived circumstance would politics ever interfere with or play into such matters, nonetheless, surrogates are bound by the Judiciary's rules.

As the New Jersey Law Journal reports, Atlantic County Surrogate Chris Brown has now responded to a formal complaint against him relating to his participation in a fundraiser for a legislative candidate. The Code of Judicial Conduct for Judiciary Employees is pretty clear that Surrogates and other judiciary employees cannot serve in leadership positions or as spokespersons for political organizations that support "partisan political activity." But does serving on paper as a member of a host committee of a political fundraiser for a friend to be on the same ballot column with you cross the line? That is essentially the question that now must be answered in this case in which there appear to be little or no clear precedents.

This all begs the question of whether a surrogate ruling on a will could really harm the perception of the independence of the judiciary while serving in the ceremonial position of the member of a host committee for a political fundraiser for another candidate on the ballot with them? If so, then how are Surrogates supposed to run for office on a political party's organization ticket, appear on the same yard sign, or the same political mailers as their running mates in their county?

I think the ACJC really needs to create some bright lines for Surrogates who face these tricky circumstances that will likely trigger future complaints in the heat of election season.