Canon 6 New Jersey Rules of Court, Canon 6: Part 1 Appendix (CCJE): Canon 6, rendered as code with every cross-reference linked

rule Canon 6 "Part 1 Appendix (CCJE): Canon 6" {
Canon 6 -- Political Activities
(A) The prohibition against judiciary employees engaging in partisan political activity shall continue (see Court Rule 1:17-1). In particular a judiciary employee shall not:
(1) hold an elective governmental office or position, except for the office of Surrogate.
(2) be a candidate for such office or position, except that Surrogates may be candidates for re-election to the office of Surrogate. A judiciary employee may 17 not run for an initial term as Surrogate without first resigning his or her judicial employment. As an exception to the general prohibition that employees may not run for political office, the deputy surrogate in a county is permitted to run for an initial term as Surrogate where: (a) the deputy surrogate is the acting surrogate; or (b) the Surrogate is not running for re-election to office.
(3) hold an office or position of leadership in or serve as spokesperson for a political party, organization, or club supporting partisan political activity.
(B) A judiciary employee shall not engage in non-partisan political activities that would put into question the propriety of the employee's conduct in carrying out the duties of employment. Therefore, no judiciary employee shall:
(1) use or refer to the employee's employment, position, or title in connection with any such non-partisan political activity.
(2) conduct such non-partisan political activity in or about a courthouse or other judicial building.
(3) participate in non-partisan political activities during working hours.
Comment: For purposes of this Canon, partisan political activity is defined as activity that is primarily aimed at electing candidates. An organization or club whose primary purpose is engaging in nonpartisan political activity, but that may also endorse political candidates, is considered to be an organization or club that supports partisan political activity.
(4) use government supplies and vehicles in connection with any non-partisan political activity, or, for Surrogates, in connection with any permitted partisan political activity.
Comment: Except as noted above regarding Surrogates the above provisions apply to every judiciary employee. Provisions concerning Surrogates are contained in Canon 6.G. Nothing in this section shall prohibit a judiciary employee from exercising the right to vote in any election.
(C) Law clerks, judges' secretaries, and employees in high-level managerial or policy-making positions shall be subject to Canon 7 of the Code of Judicial Conduct ("A Judge Should Refrain from Political Activity").
Comment: This Canon is intended to apply to high-level court personnel, including the Administrative Director, Deputy Director, AOC Assistant Directors, AOC chiefs, trial court administrators, vicinage chief probation officers and division managers, as well as the judge's secretary, law clerk, and other immediate office staff. These are the same employees who are subject to the restrictions in Canon 5.C.1. This section conforms with and supplements Canon 6.A. and 6.B.
(D) All other employees who are or appear to be close to the judge or the judicial decision-making process, whether by reason of influence or physical proximity, may, with prior written permission pursuant to Canon 6.H, engage in non-partisan political activity.
Comment: This Canon is designed to apply to employees who by reason of their high visibility to the public in the courtroom or court offices may play or reasonably be perceived to play a substantial role in the processing or disposing of court matters. This provision is intended to apply to those who actually play or who may be perceived to play a substantial role in the judicial decision-making process, regardless of the position held. These are the same employees who are subject to the restrictions in Canon 5.C.2.
Permission to engage in non-partisan political activity under Canons 6.D and 6.E may be obtained only on written request to the approving authority. Procedures for requesting permission to engage in such political activity are specified in Canon 6.H.
(E) With prior written permission pursuant to Canon 6.H, and subject to the provisions of Canon 6.A, professional judiciary employees not in high-level managerial or policy-making positions and remote from the judge and the judicial decision-making process may engage in non-partisan political activity otherwise prohibited by Canon 7 of the Code of Judicial Conduct ("A Judge Should Refrain from Political Activity").
Comment: These are the same employees subject to the restrictions in Canon 5.C.3.
(F) Non-professional judiciary employees who are remote from the judge and the judicial decision-making process may engage in non-partisan political activity without prior written permission.
Comment: These are the same employees who are subject to the restrictions in Canon 5.C.4.
(G) All Surrogates are subject to Canons 6.A.1, 6.A.2, 6.A.3, 6.B.2, 6.B.3, and 6.B.4. Subject to these specific restrictions (and for this purpose those restrictions apply both to partisan and to non-partisan political activity), Surrogates may participate in partisan and non-partisan political activities.
Comment: On implementation of P.L. 1989, c.296, the Deputy Clerk of the Superior Court in each county (formerly the County Clerk) will be subject to the restrictions placed on professional judiciary employees who are in high-level managerial or policy-making positions. See Canon 6.C. above.
(H) The following procedures shall apply to all requests by judiciary employees for permission to engage in non-partisan political activity.
(1) Application. In making application for permission to engage in non-partisan political activity subject to the restrictions contained in this Code, the following procedures shall be followed:
(a) Prior to undertaking such political activity court employees shall make written requests to the supervisory persons designated in Canon 6.H.2. Such requests shall set forth:
(1) the nature of the political activity to be performed by the court employee;
(2) the nature of the group, club, organization, or association affiliated with the political activity (if applicable); or attaching the constitution, by-laws, or statement of purpose of the group, club, organization, or association;
(3) any compensation to be awarded (so that the guidelines on outside employment can also be applied);
(4) the duration of the activity/membership;
(5) any special circumstances that will help explain the request;
(6) and such other information as may be requested by the approving authority.
(b) Requests shall also include a certification that the activity requested will not violate the restrictions applicable to the employee as contained in this Code, and that the activity will not conflict with job responsibilities that might include after-hour duties.
(2) Submission. The court employee shall submit requests for approval or recommendation as follows:
(a) for employees of the Supreme Court, including the Supreme Court Clerk's Office, to the Chief Justice;
(b) for employees of the Appellate Division, including the Appellate Division Clerk's Office and all Official Court Reporters, to the Presiding Judge for Administration of the Appellate Division;
(c) for vicinage employees, to the Assignment Judge;
(d) for municipal court employees, to the Assignment Judge and the municipal court judge;
(e) for employees of the Tax Court, including the Tax Court Clerk's Office, to the Presiding Judge of the Tax Court;
(f) for employees of the Administrative Office of the Courts and the Superior Court Clerk's Office, to the Administrative Director of the Courts.
Requests submitted by eligible employees shall be decided by the above authorities, who at their option may defer in any case to the Advisory Committee. If the above authorities deny the employee's request, the employee shall have the right to file a written appeal with the Advisory Committee. Any right of appeal to the Supreme Court shall be in accordance with any Court Rule adopted by the Supreme Court.
(3) Approval Procedure. In acting on a request, the approving authority shall consider all material supplied by the court employee and, if appropriate, shall request clarifying information. The request shall be considered in light of (a) the provisions of this Code and (b) a determination of whether the activity will interfere with the performance of the court employee's official duties or will involve the employee in recurring political issues that are the subject of political controversy, and, if that is the case, whether the employee is or appears to be so close to the judge or the judicial decision-making process as to pose a realistic likelihood that the judiciary, or a reasonable citizen, would be concerned that the judiciary might not be able to render impartial decisions on 20 matters relating to the activity in question. All decisions shall be in writing and shall include a supporting rationale. The court employee shall receive a copy of the decision. All applications and decisions shall be filed with the Administrative Director.
Note: Canon 6 adopted December 7, 1993, to be effective immediately; section A-2 amended February 28, 1994, to be effective immediately.
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referenced_by: none
source: njcourts.gov // verbatim; changed 2025-11-06; corpus harvested 2026-09-02